cgp master permit - azdeq.govstatic.azdeq.gov/permits/azpdes/cgp_masterpermit.pdf · adeq 2013 cgp...

!"#"$%&'%#()*&+#%,$-#(".$+"%&'% $+/)(&+.$+"#0%12#0)"3%

4#"$(%12#0)"3%,)/)!)&+%-5&$+)67%#()*&+#%89::;%

%#()*&+#%-&002"#+"%,)!<5#(=$%$0).)+#")&+%!3!"$.%=$+$(#0%-$(.)"%'&(%!"&(.4#"$(%,)!<5#(=$!%

#!!&<)#"$,%4)"5%<&+!"(2<")&+%#<")/)"3%"&%4#"$(!%&'%"5$%2+)"$,%!"#"$!%

"#$%!&'()$*!&(+,$-'%!./*#+($0.*$+1!*+!-$%2#.(3'!/1-'(!*#'!4($0+1.!5+66/*.1*!7$%2#.(3'!86$)$1.*$+1!9:%*')!;4<5789=!&(+3(.)>!$1!2+)&6$.12'!?$*#!*#'!&(+,$%$+1%!+@!*#'!4($0+1.!A',$%'-!9*.*/*'%>!"$*6'!BC>!D#.&*'(!E>!4(*$26'!FGH>!*#'!4($0+1.!4-)$1$%*(.*$,'!D+-'!;4GDGDG=>!"$*6'!HI>!D#.&*'(!C>!4(*$26'%!C!.1-!D#.&*'(!HH>!4(*$26'!H>!.1-!*#'!D6'.1!J.*'(!42*!.%!.)'1-'-!;FF!KG9GDG!HELH!'*!%'MG=G!

!"#$%!3'1'(.6!&'()$*!%&'2$@$2.66:!./*#+($0'%!%*+()?.*'(!-$%2#.(3'%!.%%+2$.*'-!?$*#!2+1%*(/2*$+1!

.2*$,$*:>!&/(%/.1*!*+!BN!DOA!P!HEEGEQ;R=;HB=;S=!.1-!BN!DOA!P!HEEGEQ;R=;HL=!$1!4($0+1.G!466!-$%2#.(3'%!

./*#+($0'-!R:!*#$%!3'1'(.6!&'()$*!%#.66!R'!2+1%$%*'1*!?$*#!*#'!*'()%!.1-!2+1-$*$+1%!+@!*#$%!3'1'(.6!&'()$*G!5'()$*!2+,'(.3'!$%!('M/$('-!@(+)!*#'!T2+))'12')'1*!+@!2+1%*(/2*$+1!.2*$,$*$'%U!/1*$6!T@$1.6!%*.R$6$0.*$+1U>!.%!*#'%'!*'()%!.('!-'@$1'-!$1!*#$%!&'()$*G!!

"#$%!3'1'(.6!&'()$*!R'2+)'%!'@@'2*$,'!+1!V/1'!F>!ENHFG!!"#$%!3'1'(.6!&'()$*!.1-!*#'!./*#+($0.*$+1!*+!-$%2#.(3'!'S&$('!.*!)$-1$3#*>!V/1'!E>!ENHIG!

TABLE OF CONTENTS

1.0 COVERAGE UNDER THIS GENERAL PERMIT ......................................................................................1 1.1 PERMIT AREA. .................................................................................................................................................1 1.2 ELIGIBILITY. ....................................................................................................................................................1 1.3 AUTHORIZED DISCHARGES. .............................................................................................................................1 1.4 PROHIBITED DISCHARGES. ...............................................................................................................................2 1.5 LIMITATIONS OF COVERAGE. ...........................................................................................................................3 1.6 EROSIVITY WAIVERS FOR SMALL CONSTRUCTION ACTIVITIES. ......................................................................3

2.0 AUTHORIZATION UNDER THIS GENERAL PERMIT ..........................................................................5 2.1 RESPONSIBILITIES OF OPERATORS. ..................................................................................................................5 2.2 PREREQUISITES FOR SUBMITTING A NOTICE OF INTENT (NOI). .......................................................................5 2.3 SUBMITTING AN NOI. ......................................................................................................................................6 2.4 AUTHORIZATION OF EMERGENCY-RELATED CONSTRUCTION ACTIVITIES ......................................................8 2.5 TERMINATING COVERAGE. ..............................................................................................................................9 2.6 CHANGE OF OPERATOR REQUEST DUE TO FORECLOSURE OR BANKRUPTCY. ................................................10

3.0 EFFLUENT LIMITATIONS AND WATER QUALITY STANDARDS APPLICABLE TO ALL DISCHARGES FROM CONSTRUCTION SITES ....................................................................................11

3.1. NON-NUMERIC EFFLUENT LIMITATIONS AND ASSOCIATED CONTROL MEASURES ........................................11 3.2 WATER QUALITY STANDARDS ......................................................................................................................23

4.0 INSPECTIONS ...............................................................................................................................................24 4.1 INSPECTOR QUALIFICATIONS. ........................................................................................................................24 4.2 INSPECTION SCHEDULE. .................................................................................................................................24 4.3 SCOPE OF INSPECTIONS. .................................................................................................................................25 4.4 INSPECTION REPORT FORM. ...........................................................................................................................26 4.5 INSPECTION FOLLOW-UP. ...............................................................................................................................27

5.0 CORRECTIVE ACTIONS. ...........................................................................................................................28 5.1 CORRECTIVE ACTION TRIGGERS. ..................................................................................................................28 5.2 CORRECTIVE ACTION DEADLINES. ................................................................................................................28 5.3 CORRECTIVE ACTION REPORT. ......................................................................................................................28

6.0 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) PREPARATION .............................29 6.1 GENERAL INFORMATION. ...............................................................................................................................29 6.2 TYPES OF OPERATORS ...................................................................................................................................29 6.3 SWPPP CONTENTS ........................................................................................................................................30 6.4 DOCUMENTATION REQUIREMENTS INCLUDING PERMIT RELATED RECORDS ................................................34 6.5 SWPPP UPDATES AND MODIFICATION REQUIREMENTS ...............................................................................35 6.6 DEFICIENCIES IN THE SWPPP ........................................................................................................................36 6.7 POSTING, SWPPP REVIEW AND MAKING SWPPPS AVAILABLE ...................................................................36 6.8 PROCEDURES FOR INSPECTION, MAINTENANCE, AND CORRECTIVE ACTION .................................................37

7.0 STORMWATER MONITORING ................................................................................................................38 7.1 MONITORING PROGRAM. ...............................................................................................................................38 7.2 GENERAL REQUIREMENTS. ............................................................................................................................38 7.3 ANALYTICAL MONITORING REQUIREMENTS. ................................................................................................38

8.0 FEES, REPORTING AND RECORDKEEPING ........................................................................................41 8.1 FEE REQUIREMENTS. .....................................................................................................................................41 8.2 RECORDS. ......................................................................................................................................................41

APPENDIX A. DEFINITIONS AND ACRONYMS (FOR THE PURPOSES OF THIS PERMIT). ........ A-1

APPENDIX B. STANDARD PERMIT CONDITIONS. .................................................................................B-1

ADEQ 2013 CGP

Stormwater Discharges Associated with Construction Activity 1

1.0 COVERAGE UNDER THIS GENERAL PERMIT

1.1 Permit Area. This general permit covers the state of Arizona. This permit is not authorized for use by operators with stormwater discharges associated with construction activities on any Indian Country lands in Arizona. USEPA Region 9 is the permitting authority for Indian lands in Arizona.

1.2 Eligibility. This general permit authorizes stormwater discharges associated with “construction activities”, as defined in Appendix A that will disturb one or more acres of land, or will disturb less than one acre, but is part of a common plan of development or sale that will ultimately disturb one acre or more. This general permit is also applicable to stormwater discharges associated with support activities from temporary plants or operations set up to produce concrete, asphalt, or other materials exclusively for the permitted construction project. See 40 CFR 122.26(b)(14)(x) and (15). Operators of small construction sites (less than five (5) acres – see 40 CFR 122.26(b)(15) and Appendix A) may, if eligible, choose a waiver from coverage under this permit, provided that site remains in compliance with the applicable requirements of Part 1.5 during construction.

Coverage under this permit may be required for any discharge that ADEQ determines is needed in accordance with A.A.C. R18-9-A902(B)(8)(d).

Any discharges that are not consistent with the eligibility conditions of this permit are not authorized by this permit. A person shall either apply for a separate Arizona Pollutant Discharge Elimination System (AZPDES) permit to cover such ineligible discharge(s), cease the discharge(s), or take necessary steps to make the discharge(s) eligible for coverage under this permit.

Individual Permit Requirements. An operator who desires to obtain an individual stormwater permit (in accordance with the requirements of A.A.C. R18-9-C902(B), or is required by ADEQ to obtain an individual stormwater permit (in accordance with A.A.C. R18-9-C902(A)), shall comply with the requirements of Appendix B, Subsections 17 and 18(a)(i).

1.3 Authorized Discharges. 1. Allowable Stormwater Discharges. An operator may discharge pollutants in:

a. Stormwater runoff associated with construction activities provided the discharge isconducted in compliance with this permit;

b. Discharges requiring a stormwater permit under 40 CFR 122.26(a)(1)(v); 40 CFR122.26(b)(15)(ii); or under 40 CFR 122.26(a)(9);

c. Stormwater discharges from construction support activities (e.g., concrete or asphaltbatch plants, equipment staging yards, material storage areas, excavated materialdisposal areas, borrow areas) provided:

i. The support activity is directly related to a construction site that is required tohave AZPDES permit coverage for discharges of stormwater associated withconstruction activity;

ii. The support activity is not a commercial operation (serving multiple unrelatedconstruction projects by different operators) and does not operate beyond thecompletion of the construction activity for which the support activity is directlyassociated.

iii. The support activity is not otherwise covered by a separate AZPDES permit; andiv. Appropriate control measures for the discharges from the support activity areas

are identified in the Stormwater Pollution Prevention Plan (SWPPP) andimplemented.

ADEQ 2013 CGP


2. Allowable Non-Stormwater Discharges.

a. The following are the only non-stormwater discharges allowed under this permit. These discharges are allowed provided they are reduced or eliminated to the extent practicable. When allowable non-stormwater discharges can not be practicably eliminated, the operator shall install appropriate control measures to reduce or eliminate pollutants in the discharge to assure compliance with Part 3 of this permit:

i. Discharges from emergency fire-fighting activities; ii. Water used to control dust, provided reclaimed water or other process

wastewaters are not used; iii. Routine external building wash down where detergents are not used; iv. Water used to rinse vehicles and equipment, provided that reclaimed water or

other wastewater is not used and no soaps, solvents, detergents, oils, grease or fuels are present in the rinsate;

v. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used;

vi. Uncontaminated air conditioning or compressor condensate; vii. Uncontaminated groundwater or spring water; viii. Foundation or footing drains where flows are not contaminated with process

materials such as solvents; ix. Water from fire fighting system testing and maintenance, including hydrant

flushings; x. Discharges related to installation and maintenance of potable water supply

systems, including disinfection and flushing activities, discharges resulting from pressure releases or overflows, and discharges from wells approved by ADEQ for drinking water use;

xi. Hydrostatic testing of new pipes, tanks or vessels using potable water, surface water, or uncontaminated groundwater;

xii. Water used for compacting soil, provided reclaimed water or other wastewaters are not used;

xiii. Water used for drilling and coring such as for evaluation of foundation materials, where flows are not contaminated with additives; and

xiv. Uncontaminated waters obtained from dewatering operations/ foundations in preparation for and during excavation and construction provided the discharge are managed as specified in Part 3.1.4 of this permit.

Note: This permit does not prohibit the use of reclaimed or other process wastewaters on-site for dust control, soil compaction or for landscape irrigation. However, such activities shall be managed in a way that they are not discharged off site or applied during rain events consistent with A.A.C. R18-9-704(G)(3)(c) of the reclaimed water rules. Therefore, they are not permissible ‘discharges’.

b. If the site is within 1/4 mile of an outstanding Arizona water (OAW), the operator shall not discharge any non-stormwater under this permit, except for emergency fire-fighting activities, unless specifically authorized by the Department.

1.4 Prohibited Discharges. The operator shall not allow any non-stormwater discharges from the site except as provided in Part 1.3(2). All other non-stormwater discharges (not listed above) shall be eliminated or authorized under a separate AZPDES permit, as those discharges are not authorized under this permit. Stormwater

ADEQ 2013 CGP


discharges that are mixed with non-stormwater, other than the allowable non-stormwater discharges listed in Part 1.3(2) are not eligible for coverage under this permit. The following discharges are prohibited: 1. Wastewater from washout of concrete, unless managed by an appropriate control as described

in Part 3.1.3.1(1);

2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and other construction materials, unless managed by an appropriate control as described in Part 3.1.3.1(3);

3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;

4. Soaps or solvents used in vehicle and equipment washing; and

5. Toxic or hazardous substances from a spill or other release.

1.5 Limitations of Coverage. 1. Post-Construction Discharges. This general permit does not authorize stormwater discharges

that originate from the site after construction activities have been completed and the site, including any temporary support activity site, has achieved final stabilization and a Notice of Termination (NOT) has been submitted to ADEQ. Post-construction stormwater discharges from industrial sites may need to be covered by a separate AZPDES permit.

2. Discharges Covered by Another AZPDES Permit. This general permit does not authorize stormwater discharges associated with construction activity that are covered under an individual permit or another applicable general permit.

3. Impaired Waters. The following conditions and requirements apply if any portion of the construction site is located within 1/4 mile of a receiving water listed as impaired under section 303(d) of the Clean Water Act:

a. The operator must submit a copy of the SWPPP and associated review fee with the NOI to ADEQ;

b. The SWPPP must include a sampling and analysis plan (see Part 7.3(5)) for analytical monitoring if there is potential for discharges from the site to include the pollutant(s) for which the receiving water is impaired. However, if the operator can demonstrate there is no reasonable potential that construction activities could be an additional source of the identified pollutant(s), analytical monitoring is not required. As part of this demonstration, the operator must consider all on-site activities, including the potential for the pollutants (metals, nutrients, etc.) to be present in site soils. The demonstration must be included in the SWPPP submitted for ADEQ’s review;

c. If a discharge contains pollutants for which an approved Total Maximum Daily Load (TMDL) has been established, the SWPPP shall specifically identify control measures necessary to ensure the discharges will be consistent with the provisions of the TMDL:

4. Outstanding Arizona waters (OAW). The following conditions and requirements apply if any portion of the construction site is located within 1/4 mile of a receiving water listed as an OAW in A.A.C. R18-11-112(G):

a. The operator must submit a copy of the SWPPP and associated review fee with the NOI to ADEQ;

b. The SWPPP must include a sampling and analysis plan for analytical monitoring (see Part 7.3(5)) of pollutants expected to discharge from the site, including sediment;

1.6 Erosivity Waivers for Small Construction Activities. A person performing construction activity which disturbs between one and five acres may be exempt from obtaining coverage under this permit for the duration of the project based on a low potential for

ADEQ 2013 CGP


soil erosion for the duration of the project (i.e., the Erosivity Waiver).

Note: Construction activities that disturb five acres or greater, or less than five acres but are part of a common plan of development or sale, are not eligible for any of this waiver.

1. Calculating the Erosivity Waiver. Low potential for erosion is defined as a rainfall erosivity (R) factor of less than five as calculated using ADEQ’s Smart NOI Web site.

The small construction project’s rainfall erosivity factor calculation shall be less than five during the entire period of construction activity. The period of construction activity begins at initial earth disturbance (commencement of construction activities) and ends with final site stabilization.

The applicant shall certify to ADEQ that construction activity will occur only when the rainfall erosivity factor is less than five.

If any portion of the construction site is located within 1/4 mile of an impaired water or OAW, the site is not eligible for the erosivity waiver. The erosivity waiver is predicated on the above criteria being met and proper application procedures being followed.

Projects Which Extend Past Certified Period. If the small construction project continues beyond the calculated “end date” as shown on the Permit Waiver Certification, the operator is in violation of this permit. If this occurs, the operator shall prepare a SWPPP and submit an NOI as required under Parts 2.3 and 6.0 before the end of the certified waiver period.

2. Permit Waiver Certification. The operator shall obtain an AZPDES Permit Waiver Certification

before commencing construction activities. All waiver certifications require an AZPDES fee in accordance with A.A.C. R18-14-109, Table 6. ADEQ will not issue a waiver until the proper fee is paid.

An operator of a construction activity that is eligible for one of the above waivers shall provide the following information:

a. The name, address, and telephone number of the construction site operator(s); b. The name (or other identifier), address, county, and parcel or lot number as recorded by

the county, of the construction project or site; c. An accurate (within 15 seconds) latitude and longitude (in degrees/ minutes/ seconds

format) of the construction project or site at the point of discharge nearest to the receiving water;

d. The project start and completion (final stabilization) dates; e. The total project acreage and the acreage to be disturbed by the operator submitting

the NOI, to the nearest 0.5 acre; f. If there is potential for discharge to a municipal separate storm sewer system (including

municipal streets and other improvements that can convey stormwater), the name of the municipal operator of the storm sewer;

g. The name of the waterbody(s) that would be receiving stormwater discharges from the construction project;

h. For the erosivity waiver, verification that the rainfall erosivity factor calculation that applies to the active construction phase at the project site is less than five calculated using ADEQ’s Smart NOI Web site; and

i. The waiver certification form shall be signed using the electronic signature feature on the Smart NOI Web site and in accordance with the signatory requirements of Appendix B, Subsection 9.

ADEQ 2013 CGP


2.0 AUTHORIZATION UNDER THIS GENERAL PERMIT The operator shall review all the conditions and requirements of this permit before submitting any of the forms described in Part 2.

2.1 Responsibilities of Operators. 2.1.1 All operators. All operators are required to obtain coverage for stormwater discharges

associated with construction activity under this permit or an alternative AZPDES permit. For the purposes of this permit, an “operator” is any person associated with a construction project that meets either of the following two criteria:

1. The person has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or

2. The person has day-to-day operational control of those activities at a project that are necessary to ensure compliance with the permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the permit).

Subcontractors generally are not considered operators for the purposes of this permit.

2.1.2 Multiple Operators. Where there are multiple operators associated with the same project, all operators are required to obtain permit coverage. The following applies in these situations:

1. If one operator has control over plans and specifications and a different operator has control over activities at the project site, they may divide responsibility for compliance with the terms of this permit as long as they jointly develop a common SWPPP (see Part 6.1(1)), which documents which operator has responsibility for each requirement of the permit.

2. If an operator only has operational control over a portion of a larger project (e.g., one of four homebuilders in a subdivision), the operator is responsible for compliance with applicable effluent limits (see Part 3), terms, and conditions of this permit as it relates to their activities on their portion of the construction site and implementation of control measures described in the SWPPP in the areas under their control.

3. Operators must ensure either directly or through coordination with other operators, that their activities do not render another person’s pollutant discharge controls ineffective.

4. If the operator of a construction support activity (see Part 1.3(1)(c)) is different than the operator of the main construction site, that operator is also required to obtain permit coverage.

2.2 Prerequisites for Submitting a Notice of Intent (NOI). A person may be authorized to discharge under this permit only if the stormwater discharge is associated with construction activities from the project site. Prior to submission of an NOI, an applicant seeking authorization to discharge under this general permit shall:

1. Meet the eligibility requirements under Part 1.2; and

2. Develop a SWPPP that meets the requirements of Part 6 of this permit and that covers either the entire site or all portions of the site for which the person is an operator.

a. The SWPPP shall be prepared prior to submission of the NOI and shall be implemented prior to the start of construction.

b. The SWPPP is not required to be submitted to ADEQ (unless the project is within 1/4 mile of an impaired water or OAW as described in Parts 1.5(3) and 1.5(4)) but shall be retained and made available in accordance with Part 6.7.

Note: Emergency-related construction activities (see Part 2.4) are automatically authorized to discharge under this permit (see Appendix A).

ADEQ 2013 CGP


2.3 Submitting an NOI. 1. Application Required.

a. The operator shall submit separate, accurate and complete NOIs to ADEQ for each project that disturbs one or more acres of land. The operator of a common plan of development or sale that will ultimately disturb one or more acres must submit completed NOIs to ADEQ at the address specified in Part 8.2.

b. Submission of the NOI demonstrates the operator’s intent to be covered by this permit; it is not a determination by ADEQ that the operator has met the eligibility requirements for the permit. Discharges are not authorized if ADEQ notifies the operator that further evaluation is necessary, or the discharges are not eligible for coverage under this permit.

c. Whenever the operator changes or another is added during the construction project, the new operator shall also submit an NOI to be authorized under this permit before taking over operational control or commencing construction activities at the site.

2. NOI Requirements. Construction site operators seeking authorization for stormwater

discharges under this general permit shall submit a complete and accurate AZPDES NOI form to ADEQ. Submit to the Department a complete and accurate NOI form electronically via the Smart NOI Web site at: https://az.gov/app/smartnoi/ or submit a paper copy with original signature in accordance with A.A.C. R18-9-C901(D) to the address listed in Part 8.2.

The NOI form is available at http://www.azdeq.gov/environ/water/permits/cgp.html

The NOI form requires, at a minimum, the following information:

a. The name, address, and telephone number of the construction site operator;

b. The type of project (e.g., school, commercial, subdivision, roadway, etc.) shall be specifically identified on the NOI;

c. Whether the project is part of a greater plan of development;

d. Estimates of the total project acreage and the acreage to be disturbed by the operator submitting the NOI;

e. The printed name (or other identifier), address, county, lot number or parcel or lot number as recorded by the county, of the construction project or site;

f. An accurate (within 15 seconds) latitude and longitude (in degrees/ minutes/ seconds format) of the construction site at the point nearest the closest receiving water. If the site is located within 1/4 mile of an impaired water or OAW, the operator shall provide the latitude and longitude of the property that is closest to the impaired water or OAW. If the site is part of a larger common plan of development, the operator shall provide the latitude and longitude of the discharge point for the portion of the site covered by that NOI;

g. Whether any part of the site is located on Indian Country;

h. Confirmation that a SWPPP meeting the requirements in Part 6 of this permit has been developed and will be implemented prior to commencement of construction activities. If the NOI is a late application, the operator shall certify that a SWPPP has been developed and implemented prior to submittal of the NOI;

i. The onsite location where the SWPPP may be viewed and the name and telephone number of a contact person;

j. Provide the name of the closest receiving water, which may include an unnamed wash;

k. The name(s) of the MS4 into which there is a potential to discharge, if applicable;

ADEQ 2013 CGP


l. The project’s estimated start and completion dates;

m. Whether the project has or will need any other water quality permits or approvals, including, but not limited to, subdivision approvals, a Clean Water Act (CWA) section 404 permit, and the permit number(s), if applicable;

n. Whether any portion is within 1/4 mile of an impaired or OAW; and

o. All Notice of Intent forms must be signed in accordance with the signatory requirements of Appendix B, Subsection 9.

p. An NOI is not complete unless the appropriate fee is paid.

3. Effective Date of Permit Coverage. a. Incomplete NOI Submitted. If ADEQ notifies the operator that an NOI is incomplete or

incorrect, the operator shall submit an amended NOI if the operator still intends to obtain coverage under this permit.

b. Discharges to Impaired or outstanding Arizona waters. Applicants seeking coverage for a construction site that is located within 1/4 mile of an impaired or outstanding Arizona water are not authorized under this permit for a minimum of 30 calendar days following receipt of the signed NOI, SWPPP and initial application fee. ADEQ may notify operators within this time-frame that there is cause for a SWPPP amendment or denial of coverage as specified in Parts 1.5(3) and 1.5(4) of this permit. If notification is not received in the 30 calendar day time period, the operator may assume coverage under this permit; the operator must verify with the Department that the Surface Water Section received the NOI and SWPPP prior to commencement of construction activities.

c. NOIs Requiring Additional Evaluation. ADEQ may notify an operator that authorization to discharge shall not occur for up to 30 calendar days in the event that review of the NOI identifies information requiring further evaluation, including that the SWPPP be submitted to ADEQ. This notification may be made either in writing, email, by fax or phone contact. Operators receiving notice of a delay in coverage may discharge 30 calendar days after the date the signed NOI is received unless further notice is received from the Department during this time period. Such further notice may confirm authorization to discharge or deny permit coverage and require an application for an individual permit.

If the operator receives notification from ADEQ that the SWPPP is incomplete or otherwise deficient, the operator shall submit a revised SWPPP to ADEQ that addresses the Department’s comments if the operator still intends to obtain permit coverage. If review of the revised SWPPP reveals that a discharge of pollutants may cause or contribute to an exceedance of an applicable water quality standard, monitoring may be required, in accordance with Part 7. The revised SWPPP must include the applicable re-review fee. Permit coverage is suspended until the Department issues the permit authorization certificate.

d. Routine Coverage. Except as provided in Parts 2.3(3)(a) through (c), an eligible operator is authorized to discharge stormwater from a construction project 7 calendar days after a complete and accurate NOI is received by ADEQ’s Surface Water Section or when an authorization certificate is issued, whichever is earlier. However, in order to rely on the 7 calendar day “default” provision, the operator must submit the NOI in a manner that documents the date of ADEQ’s receipt (i.e., certified mail, hand delivery, etc.).

Alternatively, applicants that submit a SMART NOI using the electronic signature feature will typically obtain immediate authorization unless any portion of the site is located within 1/4 mile of an impaired water or OAW.

e. Ongoing Construction Projects. For operators of construction projects ongoing as of the

ADEQ 2013 CGP


effective date of this permit that received authorization to discharge for these projects under the expired Construction General Permit (AZG2008-001), coverage will automatically transfer to CGP 2013 and remain in effect until the operator submits an NOT (in accordance with Part 2.5). An operator that has had authorization automatically transferred and re-issued shall comply with the terms of this permit, as described in i., ii. and iii. below. Parts 2.3(3)(b), (c) and (d) do not apply to operators of on-going construction projects that were authorized to discharge under AZG2008-001.

i. Within the first 120 days from the effective date of this permit, the operator shall update the SWPPP as necessary to comply with the requirements of Part 6 of this permit.

ii. The operator may continue to comply with the terms and conditions of the expired AZG2008-001 until the SWPPP is updated, within the first 120 days from the effective date of this permit.

iii. An operator may submit an NOT within the first 120 days from the effective date of this permit, if the operator is eligible to submit an NOT (e.g., construction is finished and final stabilization has been achieved).

f. Change in Operators. For construction projects where the operator changes, including instances where an operator is added after an NOI has been submitted, the new operator shall submit an NOI and receive an authorization certificate before assuming operational control or commencing work on-site (see Appendix B, Subsection 19).

g. Certificate of Authorization. The operator will receive an authorization certificate (by mail, or electronically via the Smart NOI system for electronic submittals with e-signatures) assigning an authorization number and approval date.

Note: The Certificate of Authorization is not the permit. The authorization certificate acknowledges that the Department received the NOI and that the operator is authorized to discharge subject to the terms and conditions of this permit. Correspondence with ADEQ concerning any construction activity covered by this permit shall reference the authorization number.

4. Late Applications. The operator is only permitted for discharges that occur after a complete and accurate NOI is received by ADEQ and authorization is granted. ADEQ reserves the right to take enforcement action for any un-permitted discharges or permit noncompliance that occur between the time construction commenced and either permit authorization is granted, denied, or a complete and accurate Permit Waiver Certification form is submitted and the wavier is approved.

5. Discharges to a regulated MS4. Construction sites located within a regulated MS4 shall submit a copy of the Department’s Authorization to Discharge to the MS4 operator. A list of regulated MS4s is found at http://www.azdeq.gov/environ/water/permits/stormwater.html#ms4s.

6. Revised NOI. If personnel contact information or the operator address on the NOI filed for permit coverage changes during permit coverage, the operator shall submit a revised NOI to ADEQ indicating the updated information. If information other than personnel contact or the operator’s address changes, a new NOI shall be submitted to the address specified in Part 8.2. No fee is assessed for submitting a revised NOI.

2.4 Authorization of Emergency-Related Construction Activities

Emergency-related construction activities are automatically authorized provided that:

1. The project is being performed in order to avoid imminent endangerment to human health or the environment or in response to a emergency and the activity requires immediate authorization;

ADEQ 2013 CGP


2. If the activity continues past 30 calendar days of commencing construction activities (see Part 2.2), the operator shall prepare a SWPPP and submit a complete and accurate NOI;

3. The operator provides documentation in the SWPPP to substantiate the occurrence of the public emergency; and

4. The operator complies with all other applicable requirements in the permit regarding discharges associated with the construction activities.

Note: Operators of emergency-related construction activities are considered provisionally covered under the terms and conditions of this permit immediately, unless ADEQ notifies the operator that the authorization has been delayed or denied.

2.5 Terminating Coverage. 1. Notice Required. To terminate permit coverage, the operator shall submit a complete and

accurate Notice of Termination (NOT) form to the address listed in Part 8.2. Other NOT options (i.e., electronic submission) may also be used if ADEQ makes the information available on the Internet of or by public notice. The operator is responsible for meeting the terms and conditions of this permit until the construction site’s authorization is terminated.

All NOT forms must be signed in accordance with the signatory requirements of Appendix B, Subsection 9.

The operator may submit a complete and accurate NOT form to ADEQ after any of the following conditions have been met:

a. The operator has established final stabilization on all portions of the site for which the operator is responsible, in accordance with Part 3.1.2.2.

b. Another operator who has a valid authorization number under this general permit or an individual AZPDES permit has assumed control over all areas of the site that have not been finally stabilized (see Appendix B, Subsection 19);

c. For residential construction only, temporary stabilization has been completed and the residence has been transferred to the homeowner (or a homeowner’s association) in accordance with Part 3.1.2.2(2)(b);

d. The planned construction activity identified on the original NOI was never initiated (i.e., no grading or earthwork was ever started) and plans for construction have been permanently abandoned or indefinitely postponed;

e. The operator has obtained coverage for the site under another AZPDES permit; f. The operator qualifies for one of the stabilization alternatives in Part 3.1.2.3. If qualifying

for either alternative, the operator shall submit the required documentation with the NOT demonstrating compliance with Part 3.1.2.3.

Note: NOTs can only be submitted to ADEQ for those sites which obtained timely permit authorization by submitting a complete and accurate NOI. Sites which did not receive permit authorization have no permit coverage to terminate.

2. NOT Requirements. The operator shall submit to ADEQ a complete and accurate NOT form electronically via the Smart NOI Web site at: https://az.gov/app/smartnoi/ or submit a paper copy (photocopy/ fax/ e-mail/ electronic) to the address listed in Part 8.2. All NOT forms must be signed in accordance with the signatory requirements of Appendix B, Subsection 9. Note: The operator shall receive an acknowledgement letter upon ADEQ’s receipt of the

operator’s completed NOT form.

3. Notification to Municipal Separate Storm Sewer Systems. If the construction site was located within a regulated MS4, the operator shall send a copy of the NOT acknowledgement letter to the MS4 operator. A list of regulated MS4s is found at http://www.azdeq.gov/environ/water/permits/stormwater.html#ms4s.

ADEQ 2013 CGP


4. Effective Date of Permit Termination. Authorization to discharge terminates under this permit at midnight on the date the complete NOT is received by the Department.

2.6 Change of Operator Request due to Foreclosure or Bankruptcy. If a lending institution or another person takes operational control of the permitted construction site due to foreclosure or bankruptcy then that person is responsible for discharges from the construction site and shall submit an application for permit coverage within 14 days prior to taking control of the site if the construction site has not achieved final stabilization as defined in Part 3.1.2.2.

In the event the person taking control of the construction site fails to submit an application for the construction site, the permittee may submit a petition to the department to terminate permit coverage by submitting a Change of Operator Request (COR) form (available at http://www.azdeq.gov/environ/water/permits/cgp.html). In making this request, the permittee must no longer have access to the property and shall submit the following information:

1. The date of the loss of control of the construction site;

2. identifies the person that has control of the construction site;

3. Identifies the reasons for being unable to submit a NOT that complies with the requirements of Part 2.5;

4. Submits a copy of the SWPPP and associated review fee with the COR;

5. The permittee shall provide an update in the SWPPP documenting conditions at the time of loss of control. The permittee shall indicate areas of exposed soils and material stockpiles; the location, type and quantity of chemicals storage; the existing BMPs left in place and their condition; and areas that have been stabilized. The permittee shall indicate if there is public access to the site (e.g., perimeter fence, gate, etc). The Permittee shall also identify any conditions which may be dangerous or hazardous, or may pose a significant environmental threat.

6. Documentation that the permittee informed the person taking control of the construction site of the requirements of this permit; and

7. If the construction site has the potential to discharge to a regulated MS4, documentation that the permittee notified the MS4 of the change in control and the identity and contact information for the person that has control.

ADEQ will review the COR and related information to determine appropriate actions, including (but not limited to) terminating permit coverage for the original permittee. As part of this assessment, the department may conduct a site inspection. Submitting a COR does not suspend ongoing enforcement actions and does not preclude the department from taking enforcement actions for violations of this permit.

ADEQ 2013 CGP


3.0 EFFLUENT LIMITATIONS AND WATER QUALITY STANDARDS APPLICABLE TO ALL DISCHARGES FROM CONSTRUCTION SITES The control requirements in this Part implement the technology-based effluent limitations to meet water quality standards that, where applicable, apply to all stormwater and allowable non- stormwater discharges from construction sites eligible for coverage under this permit. These requirements apply the national effluent limitations guidelines and new source performance standards found at 40 CFR Part 450. The operator shall comply with the control measures requirements included in Part 3 through site planning and designing, installing, and maintaining these controls.

Exception for ongoing construction projects

Note: If a project is an “ongoing construction project” (see Part 2.3(3)(e)), and it is infeasible for the operator to comply with a specific requirement in Part 3.1 because (1) the requirement was not part of the permit the project was previously covered under (i.e., AZG2008-001) and (2) the operator is prevented from compliance due to the nature or location of earth disturbances at the site or the operator is unable to comply with the requirement due to the manner in which control measures have already been installed or were already designed prior to October 1, 2013, the operator does not have to comply with that requirement provided that this fact is documented in the SWPPP. This exception only applies to those portions of a project that have already commenced earth-disturbing activities or where control measures implemented in compliance with the previous permit have already been installed.

3.1. Non-numeric Effluent Limitations and Associated Control Measures Whenever applicable, the operator shall design, install and maintain the following control measures at construction sites:

• Erosion and sediment control (Part 3.1.1) • Site stabilization (Part 3.1.2) • Pollution prevention (Part 3.1.3) • Controls for Allowable Non-Stormwater Discharges and Dewatering Activities (Part 3.1.4)

General Maintenance Requirements.

1. Ensure that all control measures required in this Part remain in effective operating condition during permit coverage and are protected from activities that would reduce their effectiveness.

2. Inspect all control measures in accordance with the inspection requirements in Part 4. The operator shall document the findings in accordance with Part 4.5. When controls need to be replaced, repaired, or maintained, make the necessary repairs or modifications. Routine maintenance does not constitute a corrective action (see Part 5.1). The operator shall comply with the following schedule:

a. Initiate work to fix the problem immediately after discovery, and complete such work by the close of the next work day, if feasible and the problem does not require significant maintenance, repair or replacement, or if the problem can be corrected through routine maintenance. SWPPP recordkeeping is not required for actions taken under this paragraph.

b. When installation of a new control that is not in response to a corrective action in Part 5.1, or a significant repair of existing controls is needed, install the new or modified control and make it operational, or complete the repair, by no later than 7 calendar days from the time of discovery, or before the next storm event (whichever is sooner) where feasible. If it is infeasible to complete the installation or repair within 7 calendar days or before the next storm event, SWPPP records must document why it is infeasible. The SWPPP must also document the schedule for installing the control(s) and making it operational as soon as practicable after the 7-day timeframe. Where these actions result in changes to any of the

ADEQ 2013 CGP


controls or procedures documented in the SWPPP, modify the SWPPP accordingly within 7 calendar days of completing this work.

3.1.1 Erosion and Sediment Control Requirements.

Design, install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. The operator shall minimize the amount of soil exposed during construction activities. The operator is also subject to the deadlines for temporarily and/or permanently stabilizing exposed portions of the site in accordance with Part 3.1.2.

The following general requirements are applicable to all construction sites that implement the erosion and sediment controls in Part 3.1.1.

A. Design Requirements.

1. The operator shall account for the following factors in designing control measures:

a. The expected amount, frequency, intensity, and duration of precipitation;

b. The nature of stormwater runoff and run-on at the site, including factors such as expected flow from impervious surfaces, slopes, and site drainage features. If any stormwater flow will be channelized at the site, control measures must be designed to control both peak flowrates and total stormwater volume to minimize erosion at outlets and to minimize downstream channel and streambank erosion; and

c. The range of soil particle sizes expected to be present on the site.

2. The operator shall direct discharges to vegetated areas of the site to increase sediment removal and maximize stormwater infiltration, including any natural buffers established under Part 3.1.1.6(1), unless infeasible. Use velocity dissipation devices if necessary to prevent erosion when directing stormwater to vegetated areas.

B. Installation Requirements.

1. Complete the installation of control measures by the time each phase of earth-disturbance has begun. In the event it is infeasible to install one or more control measures prior to construction activity, the operator shall ensure that those controls are installed as soon as possible. SWPPP records must document why it is infeasible.

Following the installation of these initial control measures, all other controls planned for this portion of the site and described in the SWPPP must be installed and made operational as soon as conditions on the site allow. The requirement to install control measures prior to earth-disturbance for each phase of the project does not apply to the earth disturbance associated with the actual installation of these controls.

2. Use good engineering practices and follow manufacturer’s specifications. The operator shall install all control measures in accordance with good engineering practices, including applicable design specifications. Design specifications may be found in manufacturer specifications and/or in applicable erosion and sediment control manuals or local ordinances. Any departures from such specifications must reflect good engineering practice and must be explained in the SWPPP.

3.1.1.1 Control stormwater volume and velocity within the site to minimize soil erosion;

1. Run-on Management. If off site areas direct flow onto the construction site, divert run-on flows, or otherwise provide other appropriate control measures to account for off site contributions of stormwater and non-stormwater flow.

If stormwater conveyance channels are used at the site, the operator shall design and construct them to avoid unstabilized areas and to reduce erosion, unless infeasible. Minimize erosion of channels and their embankments, outlets, adjacent streambanks, slopes, and downstream waters during discharge conditions through the use of erosion

ADEQ 2013 CGP


controls and velocity dissipation devices within and along the length of any constructed stormwater conveyance channel, and at any outlet to provide a non-erosive flow velocity.

2. Sediment Basins and Traps. If necessary, the operator shall install and maintain sediment basin(s) and / or traps to manage run-on, runoff, and sediment discharge from the construction site.

a. Design requirements. The SWPPP shall provide sizing and calculation requirements for sediment basin(s) and shall indicate whether the basin(s) will be temporary or permanent.

i. When discharging from the sediment basin, utilize outlet structures that minimize pollutants;

ii. Prevent erosion of (1) the sediment basin using stabilization controls (e.g., erosion control blankets), and (2) the inlet and outlet using erosion controls and velocity dissipation devices; and

iii. Sediment basins must be situated outside of surface waters and any natural buffers established under Part 3.1.1.5, unless approved under a CWA section 404 permit.

b. Maintenance requirements. The operator shall maintain sediment basins, ponds, and traps, and remove accumulated sediment when design capacity has been reduced by 50%.

c. An operator that uses polymers, flocculants, or other cationic treatment chemicals in a sediment basin shall select and use these chemicals in accordance with manufacturers’ instructions so as to provide for adequate settling time and minimize or eliminate these chemicals in the discharge. Furthermore, the operator shall comply with the requirements in Part 6.3(10).

3.1.1.2 Control stormwater discharges, including both peak flowrates and total stormwater volume,

to minimize erosion at outlets and to minimize downstream channel and streambank erosion;

1. Culvert Stabilization. If culverts are present on the site, the SWPPP shall include measures to sufficiently minimize the threat of erosion at culvert locations to prevent the formation of rills and gullies during construction; and

2. Velocity Dissipation Devices. The operator shall place velocity dissipation devices along the length of any outfall channel on-site, and at locations where discharges leave the construction site as necessary to provide a non-erosive flow velocity.

3.1.1.3 Minimize the amount of soil exposed and the disturbance of steep slopes during

construction activity;

1. Preserving Natural Vegetation. Where practicable, existing vegetation should be preserved. If natural vegetation can be preserved, the operator shall clearly mark vegetation before clearing activities begin. Locations of trees and boundaries of environmentally sensitive areas and buffer zones to be preserved shall be identified on the SWPPP site map;

2. Phase or sequence construction activities. Where practicable, minimize the area of disturbance at any one time.

3. Steep slopes. Where practicable, implement standard erosion and sediment control practices, such as phasing disturbances to these areas and using stabilization practices designed to be used on steep grades.

3.1.1.4 Minimize sediment discharges from the site. The design, installation and maintenance of

erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site;

ADEQ 2013 CGP


1. Perimeter Control. The operator shall use appropriate control measures (e.g., fiber rolls, berms, silt fences, vegetative buffer strips, sediment traps, or equivalent sediment controls) at all times for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction site.

For sites where stormwater from disturbed areas, exclusive of rights-of-way, is conveyed to one or more retention basins that are designed to retain stormwater runoff from a local 100 yr/ 2 hr storm event, the operator is not required to utilize perimeter controls.

For linear projects (see Appendix A) with rights-of-way that restrict or prevent the use of such perimeter controls, the operator shall maximize the use of these controls where practicable and document in the SWPPP why it is impracticable in other areas of the project.

2. Control discharges from stockpiles of sediment or soil. As necessary, implement the following measures for any stockpiled or land clearing debris composed, in whole or in part, of sediment or soil:

a. Place stockpiles outside of washes or other surface waters, or stormwater conveyances, such as curb and gutter systems, or streets leading to such conveyances. If infeasible, install appropriate sediment controls and document the reasons in the SWPPP.

b. Locate the piles outside of any buffers established consistent with Part 3.1.1.5;

c. Protect from contact with stormwater (including run-on) using a temporary perimeter sediment barrier;

d. Avoid rinsing sediment, debris, or other pollutants accumulated on pavement or other impervious surfaces after the stockpile has been removed into any stormwater conveyance (unless connected to a sediment basin, sediment trap, or similarly effective control), storm drain inlet, or surface water;

e. To the extent practicable, implement control measures to prevent the generation of wind blown sediment and debris; and

f. Use silt fences or other effective sediment control measures around soil stockpiles except when they are being actively worked.

3. Storm Drain Inlet Protection. The operator shall assess the need for and install inlet protection measures as necessary that remove sediment from the site’s discharge. If the site discharges to any storm drain inlet that carries stormwater flow directly to a surface water (and it is not first directed to a sediment basin, sediment trap, or similarly effective control and the operator has authority to access the storm drain inlet), then inlet protection is required.

Note: Inlet protection measures can be removed in the event of flood conditions that may endanger the safety of the public. Such actions are allowable only under extreme conditions and shall be documented on the SWPPP. The operator shall evaluate alternatives to be used in the future to prevent a recurrence of this problem.

4. If existing control measures need to be repaired or modified or if additional control measures are necessary, implementation shall be completed within 7 calendar days or before the next storm event (whichever is sooner), unless otherwise prescribed in a. through d. below. If implementation before the next storm event is impracticable, the reason(s) for delay shall be documented in the SWPPP and alternative control measures shall be implemented as soon as possible. Additionally, the following maintenance activities shall be implemented as follows:

a. Remove accumulated sediment when it reaches a maximum of one-third the height of the silt fence or one-half the height of a fiber roll.

ADEQ 2013 CGP


b. Sediment shall be removed from temporary and permanent sedimentation basins, ponds and traps when the depth of sediment collected in the basin reaches 50% of the storage capacity.

c. Construction site egress location(s) shall be inspected for evidence of off-site tracking of sediment, debris, and other pollutants onto paved surfaces. Removal of sediment, debris, and other pollutants from all off-site paved areas shall be completed as soon as practicable.

d. Accumulations of sediment, debris, and other pollutants observed in off-site surface waters, drainage ways, catch basins, and other drainage features shall be removed in a manner and at a frequency sufficient to minimize impacts and to ensure no adverse effects on water quality.

3.1.1.5 Maintain natural buffers adjacent to perennial waters and direct stormwater to vegetated

areas to increase sediment removal, unless infeasible.

1. Provide Natural Buffers or Equivalent Sediment Controls. This requirement only applies when a perennial water (including lakes, unless infeasible) is located within 50 feet of the project’s earth disturbances.

Areas not owned or that are otherwise outside the operational control of the operator may be considered areas of undisturbed natural buffer for purposes of compliance with this part.

The operator shall ensure that any discharges to perennial waters through the area between the disturbed portions of the property and any perennial waters located within 50 feet of the site are treated by an area of undisturbed natural buffer and/or additional erosion and sediment controls in order to achieve a reduction in sediment load equivalent to that achieved by a 50-foot natural buffer. Refer to Part 3.1.1.5(3) for exceptions to this requirement.

2. Alternatives. In areas where it is infeasible to maintain the 50 foot buffer, the operator shall:

a. Document in the SWPPP the reasons why the 50 foot buffer cannot be maintained, and identify the additional erosion and sediment controls selected;

b. Preserve as much buffer as possible and design, implement and maintain additional erosion and sediment controls (such as berms, diversion dikes, sediment basins, etc.);

c. Ensure that all discharges from the area of earth disturbance to the natural buffer are first treated by the site’s erosion and sediment controls, and use velocity dissipation devices if necessary to prevent erosion caused by stormwater within the buffer;

d. Document in the SWPPP the natural buffer width retained on the property, and show the buffer boundary on the site plan;

e. Delineate, and clearly mark off, with flags, tape, or other similar marking device all natural buffer areas; and

f. Follow the additional stabilization requirements described in Part 3.1.2.1.

Note: The operator is not required to enhance the quality of the vegetation that already exists in the buffer, or provide vegetation if none exists.

3. Exceptions.

a. If there is no discharge of stormwater to perennial waters through the area between the site and any perennial waters located within 50 feet of the site, the operator is not required to comply with the requirements in this Part. This includes situations where control measures, such as a berm or other barrier that will prevent such discharges, have been implemented.

ADEQ 2013 CGP


b. Where no natural buffer exists due to preexisting development disturbances (e.g., structures, impervious surfaces) that occurred prior to the initiation of planning for the current development of the site, operators are not required to comply with the requirements in this Part, unless portions of the preexisting development are removed. Where some natural buffer exists but portions of the area within 50 feet of the perennial water are occupied by preexisting development disturbances, operators are required to comply with the requirements in this Part. For the purposes of calculating the sediment load reduction, an operator is not expected to compensate for the reduction in buffer function from the area covered by these preexisting disturbances. If, during the life of the project, any portion of these preexisting disturbances will be disturbed, the area disturbed will be deducted from the area treated as natural buffer.

c. Linear projects are not required to comply with the requirements in this Part if site constraints (e.g., limited right-of-way) prevent the operator from meeting any of the compliance alternatives in Part 3.1.1.5(2), provided that, to the extent practicable, disturbances are limited to within 50 feet of the perennial water and/or the operator provides supplemental erosion and sediment controls to treat stormwater discharges from earth disturbances within 50 feet of the perennial water. The operator shall document in the rationale for why it is infeasible to comply with the requirements in Part 3.1.1.5(2) in the SWPPP, and describe any buffer width retained and/or supplemental erosion and sediment controls installed.

d. “Small residential lot” construction (see Appendix A) is exempt from buffer requirements, provided that the operator minimizes the discharge of pollutants by complying with the requirements of Parts 3.1.1.1 through 3.1.1.4.

e. The following disturbances within 50 feet of a perennial water are exempt from the requirements in this Part: • Construction approved under a CWA section 404 permit; or

• Construction of a water-dependent structure or water access area (e.g., pier, boat ramp, trail).

Any of the above disturbances that may occur within the buffer area shall be documented in the SWPPP.

3.1.1.6 The operator shall minimize soil compaction and, unless infeasible, preserve topsoil (for

later revegetation).

Minimize soil compaction in areas of the site where final vegetative stabilization will occur or where infiltration practices will be installed.

3.1.2 Site Stabilization Requirements, Schedules and Deadlines.

The operator shall comply with the stabilization requirements in this Part to minimize the discharge of pollutants.

3.1.2.1 Temporary Stabilization.

The operator must provide temporary stabilization, or initiate permanent stabilization, of disturbed areas within 14 calendar days of the most recent land disturbance in areas where construction or support activities have been temporarily suspended or have permanently ceased, except as follows:

1. Where stabilization by the 14th day is precluded by snow cover or frozen ground conditions, stabilization measures shall be initiated as soon as practicable;

2. When the site is using vegetative stabilization and is located in an area of the state experiencing drought conditions (see Appendix A), vegetative stabilization measures shall be initiated as soon as practicable, when growing conditions are best for planting or seeding;

ADEQ 2013 CGP


3. Stabilization shall be initiated within 7 calendar days, for areas within 50 feet of an impaired water or OAW.

4. Where disturbed areas are awaiting vegetative stabilization for periods greater than 14 calendar days after the most recent disturbance, non-vegetative methods of stabilization shall be employed. These methods shall be described in the SWPPP.

5. Seeding/ Vegetation. If revegetation plans include seeding, the SWPPP shall include seed mix and application specifications that will be used for vegetative stabilization. If the operator uses fertilizers or tackifiers on-site to establish vegetation, control measures shall be established to minimize the presence of these chemicals in the discharge.

Note: The operator is not expected to apply temporary or permanent stabilization measures to areas that are intended to remain unvegetated or unstabilized following construction (e.g., dirt access roads, utility pole pads, areas being used for storage of vehicles, equipment, or materials).

3.1.2.2 Final Stabilization.

Final stabilization means that one of the following conditions (1, 2, or 3) is met:

1. All soil disturbing activities at the site have been completed; all construction materials, waste, and temporary erosion and sediment control measures (including any sediment that was being retained by the temporary erosion and sediment control measures) have been removed and properly disposed; and either a. and/ or b. below is met:

a. A uniform (i.e., evenly distributed, without large bare areas) vegetative cover with a density of 70% of the native background vegetative cover for the area is in place on all unpaved areas and areas not covered by permanent structures.

When preconstruction native background vegetation covered less than 100% of the ground (e.g., arid areas, beaches), the 70% coverage criteria is adjusted as follows: if the native vegetation covered 50% of the ground, 70% of 50% (.70 X .50 = .35) or 35% cover density would be required, or

b. Equivalent permanent stabilization measures (such as the use of riprap, gabions, gravel, or geotextiles) have been employed.

2. For individual lots in residential construction, final stabilization means that the homebuilder:

a. Has completed final stabilization as specified in Part 3.1.2.2(1)(a) above, or b. Has established temporary stabilization, including perimeter controls, for an individual lot

prior to occupation of the home by the homeowner and has informed the homeowner of the need for, and benefits of, final stabilization.

3. For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to water of the U.S., and areas that are not being returned to their preconstruction agricultural use shall meet the final stabilization criteria above.

Any non-vegetative stabilization methods must achieve the same levels of stabilization as specified in Part 3.1.2.2(1).

3.1.2.3 Site Stabilization Alternatives.

An operator with an eligible site may choose either of the following alternatives instead of implementing the stabilization requirements in Parts 3.1.2.1 or 3.1.2.2:

1. Sites with additional retention capacity (see A.R.S. § 49 – 255.01(L)). Stabilization deadline requirements in this permit do not apply to sites with retention capacity that meets or

ADEQ 2013 CGP


exceeds the 100 year/ 2 hour storm event as calculated by an Arizona registered professional engineer, geologist or landscape architect (A.R.S. § 32-144) and that meet the following conditions:

a. The nearest receiving water is ephemeral and not within 2.5 miles of a perennial or intermittent water body;

b. All stormwater generated by disturbed areas of the site, exclusive of public rights-of-way, is directed to one or more retention basins;

c. The operator complies with good housekeeping measures; d. The operator maintains capacity of retention basin(s); and e. The operator determines temporary and final stabilization requirements for the site to

reduce or minimize the discharge of sediment and other pollutants to meet the requirements of Part 3.2.

Note: for the purposes of this permit, retention and detention are equivalent terms and mean that stormwater is held in a basin on-site up to the design capacity of the basin. However, local ordinances may have specific requirements for on-site stormwater detention/ retention.

2. Sites returned to pre-construction discharge conditions. Construction operators may qualify for this exemption by demonstrating that stormwater discharge from the site’s pre- and post-construction activities is equal or less than in volume and pollutant load from disturbed areas as calculated by an Arizona registered professional engineer, geologist or landscape architect and where the site is not located within 2.5 miles of an impaired water or OAW.

The above demonstrations must be documented and retained with the SWPPP and submitted with the NOT, in accordance with Part 2.5(1)(f).

3.1.3 Pollution Prevention Requirements.

The operator shall design, install, implement, and maintain effective pollution prevention measures to minimize the discharge of pollutants. To meet this requirement, the operator shall comply with the following:

• Eliminate certain pollutant discharges from the site (see Part 1.4, Prohibited Discharges); • Properly maintain all pollution prevention controls (see Part 3.1, General Maintenance

Requirements); and • Comply with pollution prevention standards for pollutant-generating activities that occur at

the site (see Parts 3.1.3.1 through 3.1.3.3).

The operator shall comply with the pollution prevention standards in this Part if any of the following activities are conducted at the site or at any construction support activity areas covered by this permit (see Part 1.3(1)(c)).

3.1.3.1 Minimize the Discharge of Pollutants – from equipment and vehicle washing, wheel wash water, and other wash waters.

1. Concrete Washout. To comply with the prohibition in Part 1.4(1) for discharges of wastewater from washout of concrete:

a. Where possible, concrete suppliers should conduct washout activities at their own plants or dispatch facilities.

b. If conducted at the construction site, the operator shall employ measures to contain and manage on-site concrete washout to prevent discharge (see Part 6.3).

c. Specify locations of concrete washout activities that will occur at the construction site.

2. Washing of equipment and vehicles. Any operator that washes equipment or vehicles on site shall implement the following control measures:

ADEQ 2013 CGP


a. Provide an effective means of minimizing the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other types of washing; and

b. To comply with the prohibition in Part 1.4(4), for storage of soaps, detergents, or solvents, the operator shall provide either (1) cover (e.g., plastic sheeting or temporary roofs) to prevent these detergents from coming into contact with rainwater, or (2) a similarly effective means designed to prevent the discharge of pollutants from these areas.

3. Washing of Applicators and Containers used for Paint or Other Materials. To comply with the prohibition in Part 1.4(2), the operator shall provide an effective means of eliminating the discharge of water from the washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials. To comply with this requirement, the operator shall:

a. Direct all washwater into a leak-proof container or leak-proof pit. The container or pit must be designed so that no overflows can occur due to inadequate sizing or precipitation;

b. Locate any washout or cleanout activities as far away as possible from surface waters and stormwater inlets or conveyances, and, to the extent practicable, designate areas to be used for these activities and conduct such activities only in these areas; and

c. Handle washout or cleanout wastes as follows: i. Do not dump liquid wastes in storm sewers; ii. Dispose of liquid wastes in accordance with applicable requirements in Part 3.1.3.3;

4. Fueling and Maintenance of Equipment or Vehicles. Any operator that conducts fueling and/or maintenance of equipment or vehicles at the site shall provide an effective means of eliminating the discharge of spilled or leaked chemicals, including fuel, from the area where these activities will take place.

To comply with the prohibition in Part 1.4(3), operators shall:

a. If applicable, comply with the Spill Prevention Control and Countermeasures (SPCC) requirements in 40 CFR 112 and Section 311 of the CWA;

b. Ensure adequate supplies are available at all times to handle spills, leaks, and disposal of used liquids;

c. Use drip pans and absorbents under or around leaky vehicles;

d. Dispose of or recycle oil and oily wastes in accordance with other federal, state, tribal, or local requirements;

e. Clean up spills or contaminated surfaces immediately, using dry clean up measures where possible, and eliminate the source of the spill to prevent a discharge or a furtherance of an ongoing discharge; and

f. Do not clean surfaces by hosing the area down.

3.1.3.2 Construction Site Egress. The operator shall implement effective control measures to minimize tracking of sediments, debris and other pollutants from vehicles and equipment leaving the site (e.g., stone pads, concrete or steel wash racks, or equivalent systems).

If site conditions make it infeasible to install structural controls to prevent track-out (e.g., a linear operator conducting earth disturbing activities within a paved right-of-way or immediately adjacent and parallel to a paved right-of-way), the operator shall explain in the SWPPP why such controls cannot be installed; what alternative measures will be used to prevent sediment from being tracked-out or accumulated on paved areas; and what procedures will be used to ensure track-out is discovered and removed as soon as practicable.

ADEQ 2013 CGP


The reasons for any departure from the use of standard ingress/ egress control measures to control track-out shall be documented in the SWPPP:

1. Explain why structural control measures cannot be installed;

2. Describe what alternative measures will be used to prevent sediment from being tracked-out or accumulated on paved areas; and

3. Describe what procedures will be used to ensure track-out is discovered and removed as soon as practicable.

Note: Some fine grains may remain visible on the surfaces of paved roads even after implementing sediment removal practices. Such “staining” is not a violation of Part 3.1.3.2.

3.1.3.3 The operator shall minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to stormwater.

1. Good Housekeeping Measures. The operator shall implement good housekeeping procedures to prevent litter, construction debris, and construction chemicals exposed to stormwater from becoming a pollutant source for stormwater discharges. These procedures shall include storage practices to minimize exposure of the materials to stormwater, and spill prevention and response practices.

2. Storage, Handling, and Disposal of Construction Products, Materials, and Wastes. The operator shall minimize the exposure to stormwater of any of the products, materials, or wastes specified below that are present at the site by complying with the requirements in this Part.

Note: These requirements do not apply to those products, materials, or wastes that are not a source of stormwater contamination or that are designed to be exposed to stormwater.

The operator shall consider and implement the following control measures, as appropriate:

a. For building products: In storage areas, provide either (1) cover (e.g., plastic sheeting or temporary roofs) to prevent these products from coming into contact with rainwater, or (2) a similarly effective means designed to prevent the discharge of pollutants from these areas.

b. For pesticides, herbicides, insecticides, fertilizers, and landscape materials:

i. In storage areas, provide either (1) cover (e.g., plastic sheeting or temporary roofs) to prevent these chemicals from coming into contact with rainwater, or (2) a similarly effective means designed to prevent the discharge of pollutants from these areas; and

ii. Comply with all application and disposal requirements included on the registered pesticide, herbicide, insecticide, and fertilizer label.

c. For diesel fuel, oil, hydraulic fluids, other petroleum products, and other chemicals: i. To comply with the prohibition in Part 1.4(3), store chemicals in water-tight

containers, and provide either (1) cover (e.g., plastic sheeting or temporary roofs) to prevent these containers from coming into contact with rainwater, or (2) a similarly effective means designed to prevent the discharge of pollutants from these areas (e.g., spill kits), or provide secondary containment (e.g., spill berms, decks, spill containment pallets); and

ii. Clean up spills immediately, using dry clean-up methods where possible, and dispose of used materials properly. Do not clean surfaces or spills by hosing the area down. Eliminate the source of the spill to prevent a discharge or a continuation of an ongoing discharge.

ADEQ 2013 CGP


d. For hazardous or toxic waste: i. Separate hazardous or toxic waste from construction and domestic waste; ii. Store in sealed containers, which are constructed of suitable materials to prevent

leakage and corrosion, and which are labeled in accordance with applicable Resource Conservation and Recovery Act (RCRA) requirements and all other applicable federal, state, tribal, or local requirements;

iii. Store all containers that will be stored outside within appropriately-sized secondary containment (e.g., spill berms, decks, spill containment pallets) to prevent spills from being discharged, or provide a similarly effective means designed to prevent the discharge of pollutants from these areas (e.g., storing chemicals in covered area or having a spill kit available on site);

iv. Dispose of hazardous or toxic waste in accordance with the manufacturer’s recommended method of disposal and in compliance with federal, state, tribal, and local requirements; and

v. Clean up spills immediately, using dry clean-up methods where possible, and dispose of used materials properly. Do not clean surfaces or spills by hosing the area down. Eliminate the source of the spill to prevent a discharge or a furtherance of an ongoing discharge.

e. For construction and domestic waste: Provide waste containers (e.g., dumpster or trash receptacle with covers/ lids) of sufficient size and number to contain construction and domestic wastes. In addition: i. On work days, clean up and dispose of waste in designated waste containers; and ii. Clean up immediately if containers overflow.

f. For sanitary waste: Position portable toilets outside of areas of stormwater flow and ensure that they are secure and will not be tipped over.

3.1.3.4 Spill Prevention and Response Procedures. Operators are prohibited from discharging toxic or hazardous substances from a spill or other release, consistent with Part 1.4. The operator shall minimize the potential for leaks, spills and other releases that may be exposed to stormwater and develop plans for timely and effective clean-up of spills if or when they occur by implementing measures such as:

• Procedures for plainly labeling containers (e.g., “Used Oil,” “Spent Solvents,” “Fertilizers and Pesticides,” etc.) that could be susceptible to spillage or leakage to encourage proper handling and facilitate rapid response if spills or leaks occur;

• Preventative measures such as barriers between material storage and traffic areas, secondary containment provisions, and procedures for material storage and handling;

• Procedures for expeditiously stopping, containing, and cleaning up leaks, spills, and other releases. Employees who may cause or detect a spill or leak should be knowledgeable in the proper reporting procedures established by their facility. Employees who are responsible for spill response and/or cleanup, must be properly trained and have necessary spill response equipment available; and

• Procedures for notification of appropriate facility personnel and emergency response. Where a leak, spill, or other release occurs that contains a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302, the operator shall notify ADEQ Emergency Response Duty Office at (602) 771-2330 or, toll free, at (800) 234-5677. Contact information must be in locations that are readily accessible and available. Within 7 calendar days of knowledge of the release, operators shall provide a description in the SWPPP of: the release; the circumstances leading to the release; and the date of the release. Local requirements may

ADEQ 2013 CGP


necessitate additional reporting of spills or discharges to local emergency response, public health, or drinking water supply agencies.

ADEQ 2013 CGP


3.1.3.5 Fertilizer Discharge Restrictions.

Operators are required to minimize discharges of fertilizers containing nitrogen or phosphorus by applying these products consistent with manufacturer’s specifications.

3.1.4 Controls for Allowable Non-Stormwater Discharges and Dewatering Activities.

Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls. Appropriate controls include, but may not be limited to: sediment basins or traps; dewatering tanks; tube settlers; weir tanks; or filtration systems (e.g., bag or sand filters) that are designed to remove sediment.

The operator shall ensure all water from dewatering or basin draining activities is discharged in a manner that does not cause nuisance conditions, including erosion in receiving channels or on surrounding properties.

The operator shall retain superchlorinated wastewaters (i.e., containing chlorine above residual levels acceptable in drinking water systems) on-site until the chlorine dissipates, or shall otherwise effectively dechlorinate the water prior to discharge.

Note: As with any non-stormwater, if acceptable to the local sanitary sewer authority, this wastewater may be discharged to the sanitary sewer. In this case, dechlorination is not required by this permit.

3.2 Water Quality Standards 3.2.1 Water Quality Standards

The operator shall control discharges from the site as necessary to not cause or contribute to an exceedance of an applicable water quality standard.

ADEQ expects that compliance with other conditions in this permit will control discharges as necessary to not cause or contribute to an exceedance of an applicable water quality standard (A.A.C.R18-11, Article 1). However, if at any time the operator becomes aware, or ADEQ determines, that the facility’s discharge causes or contributes to an exceedance of an applicable water quality standard, the operator shall take corrective action as required in Part 5.1, document the corrective actions as required in Parts 5.3 and 6.4, and report the corrective actions to ADEQ as required in Part 8.2(3).

Additionally, ADEQ may impose additional water quality-based requirements on a site-specific basis, or require the operator to obtain coverage under an individual permit in accordance with Part 1.2, if information in the NOI, required reports, or from other sources indicates that additional controls are necessary to not cause or contribute to an exceedance of an applicable water quality standard.

3.2.2 Discharge Limitations for Impaired Waters and OAWs.

Operators of construction sites that are located within 1/4 mile of an impaired water or OAW are required to comply with the following requirements, which supplement the requirements applicable to the site in other corresponding parts of this permit:

1. Frequency of Site Inspections. The operator shall conduct inspections at the frequency specified in Part 4.2(3).

2. Deadline to Complete Stabilization. The operator shall comply with the deadlines for completing site stabilization as specified in Part 3.1.2.

If the discharge is to an impaired water, ADEQ may inform the operator that additional limits or controls are necessary to meet water quality standards or any applicable wasteload allocation (WLA), or to prevent the site from contributing to the impairment, or if coverage under an individual permit is necessary in accordance with Appendix B, Subsection 17.

If during coverage under a previous permit, the operator was required to install and maintain control measures specifically to meet the assumptions and requirements of an USEPA-approved or established TMDL (for any parameter) or to otherwise control a discharge to meet water quality standards, the operator shall continue to implement such controls as part of this permit.

ADEQ 2013 CGP


4.0 INSPECTIONS

4.1 Inspector Qualifications. The operator shall provide qualified personnel (as defined in Appendix A) to perform inspections according to the selected inspection schedule identified in the SWPPP. The operator shall conduct inspections of the site in accordance with Parts 4.2 through 4.5 of this permit.

4.2 Inspection Schedule. At a minimum, operator shall conduct a site inspection in accordance with one of the schedules listed below. The operator shall document in the SWPPP which schedule is being used and, when necessary, the location of the rain gauge or weather station used to obtain rainfall information. The Department encourages adding inspections before and/ or during predicted storm events and “spot” inspections to ensure control measures will be effective in managing stormwater runoff and associated pollutants.

1. Routine Inspection Schedule. The operator shall ensure inspections are performed at the site as indicated below to ensure control measures are functional and that the SWPPP is being properly implemented. To determine the amount of rainfall from a storm event that occurs on the site (in accordance with options b. or c.), the operator shall obtain rainfall information (in accordance with Part 4.4(3)) from either a properly maintained rain gauge on the site, or a weather station that is representative of the site’s location. For any day of rainfall during normal business hours that measures 0.25 inch or greater, the total rainfall measured for that day shall be recorded in accordance with Part 4.4(3).

a. The site will be inspected a minimum of once every 7 calendar days, or

b. The site will be inspected a minimum of once every 14 calendar days, and also within 24 hours of each storm event of 0.5 inch or greater in 24 hours; or

c. The site will be inspected a minimum of once per month, but not within 14 calendar days of the previous inspection and within 24 hours of the occurrence of a storm event of 0.25 inch or greater.

2. Reduced Inspection Schedule. The operator may reduce inspection if the entire site has been temporarily stabilized, discharges are unlikely based on seasonal rainfall patterns, or runoff is unlikely due to winter conditions (e.g., site is covered with snow, ice, or frozen ground exists).With a reduced inspection schedule, the site shall be inspected at least once per month (but not within 14 calendar days of the previous inspection) and before an anticipated storm event and within 24 hours of each storm event of 0.5 inch or greater in 24 hours.

3. Inspection Schedule for Sites within 1/4 mile of Impaired Waters or OAWs. If any portion of the construction site is within 1/4 mile of an impaired water or OAW, the operator shall inspect the site at least once every 7 calendar days. The operator may reduce inspections to the schedule specified in Part 4.2(2) for those areas of the construction site that have undergone temporary or final stabilization.

4. Inspection Schedule for Inactive and Unstaffed Sites. A site is inactive and unstaffed that will have an anticipated period of no construction activity for at least six consecutive months. Inactive and unstaffed sites within 1/4 mile of an impaired water or OAW are not eligible for this reduced inspection frequency unless they have undergone temporary stabilization.

Operator’s responsibilities include:

a. Immediately before becoming inactive and unstaffed, the operator shall perform an inspection in accordance with Part 4.4. All control measures must be in operational condition in accordance with Part 3.1 prior to becoming inactive and unstaffed;

b. During the time the site is inactive and unstaffed, the operator shall perform an inspection at least once every six months and within 24 hours of each storm event of 0.5 inch or greater in 24 hours;

ADEQ 2013 CGP


c. Non-storm event inspections must be at least three months apart; d. All control measures must be maintained in operational condition; e. The site shall be secured, such as limited access, blocking or fencing; f. Maintain a statement in the SWPPP as required in Part 6.4(11) indicating that the

construction site is inactive and unstaffed. The statement must be signed and certified in accordance with Appendix B, Subsection 9; and

g. If circumstances change and the site becomes active and/or staffed, this exception no longer applies and the operator shall immediately resume the routine inspection schedule.

ADEQ retains the authority to revoke this exception from routine inspections where it is determined that the discharge causes, has a reasonable potential to cause, or contribute to an exceedance of an applicable water quality standard, including designated uses.

5. Inspections are only required during the project’s normal working hours. If an inspection day (except those required relative to a rainfall event) falls on a Saturday or holiday, the inspection may be conducted on the preceding workday. If the inspection day falls on a Sunday, the inspection may be conducted on the following Monday. If rainfall events occur on the weekend or holiday, an inspection relative to that event may be conducted the following workday.

6. Inspections are not required under Adverse Conditions. The operator is not required to inspect areas that, at the time of the inspection, are considered unsafe for inspection personnel. Inspections may be postponed when conditions such as local flooding, high winds, or electrical storms, or situations that otherwise make inspections unsafe. The inspection must resume as soon as conditions are safe.

4.3 Scope of Inspections. At a minimum, the inspector shall examine each of the following during each inspection:

1. All structural controls identified in the SWPPP to ensure they are in place and functioning as intended. Repair, replace, or maintain any controls as necessary in accordance with Part 3.1;

2. The effectiveness of non-structural controls and practices (such as good housekeeping practices and pollution prevention measures);

3. All areas of the site used for storage of materials that are exposed to precipitation; 4. All locations where new or modified control measures are necessary to meet the requirements of

Part 3; 5. Locations where vehicles and equipment enter or exit the site for evidence of tracking sediment,

debris, and other pollutants onto and off the site; 6. Site conditions for evidence of, or the potential for, pollutants entering the municipal separate

storm sewer; 7. The presence of conditions that could lead to spills, leaks, or other accumulations of pollutants

on the site; 8. Accessible discharge locations or discharge points to ascertain whether erosion and sediment

control measures are effective in preventing significant impacts to receiving waters; 9. Where discharge locations are inaccessible, nearby downstream locations to the extent that the

inspections are practicable; 10. All locations where temporary stabilization measures have been implemented; and 11. When a discharge is occurring during an inspection, observe and note the physical

characteristics (color, odor, clarity, floating, settled, or suspended solids, foam, oil sheen, and other obvious indicators of stormwater pollutants). In addition, when there is no discharge, examine each discharge location for evidence of erosion, sedimentation and other pollutants,

ADEQ 2013 CGP


and the presence of current (and indications of prior) discharges and their sources.

4.4 Inspection Report Form. For each inspection, the operator shall complete an inspection report either on a form provided by the Department online at http://www.azdeq.gov/environ/water/permits/cgp.html or an alternative form developed by the operator that documents all of the information required by this permit. The operator may supplement the inspection report form as necessary with additional information, forms or drawings. Within 7 calendar days of completing the inspection, the corresponding inspection report shall be placed with previous reports (in chronological order) and kept with the SWPPP. At a minimum, the report shall include:

1. The inspection date;

2. Name(s) and title(s) of qualified person(s) making the inspection;

3. Weather information for the period since the last inspection (or since commencement of construction activity for the first inspection) including:

a. Best estimate of the beginning of each storm event; b. Duration of each event; c. Time elapsed since last storm event; and d. Approximate amount of rainfall for each event (in inches).

4. Identification of discharges of sediment or other pollutants from the site. Identify the discharge location(s) and associated control measures on the site map(s), in accordance with Part 6.3(6);

5. For inspections occurring during or after a storm event:

a. A description of the physical characteristics of the stormwater discharge (Part 4.3(11)) from the site, when present;

b. Document the evidence of erosion, sedimentation and other pollutants; and c. Document the presence of control measures in all areas inspected and whether such

controls are operating effectively.

6. Identification of control measures that need to be maintained, failed to operate as designed, or proved inadequate. Until removed from the site, identify the location(s) of these control measures on the site map(s), in accordance with Part 6.3(6);

7. Identification of what additional control measures are needed, if any, that did not exist at the time of the inspection. Identify the location(s) of these control measures on the site map(s), in accordance with Part 6.3(6);

8. Identification of all sources of non-stormwater discharges occurring at the site and associated control measures in place;

9. Identification of material storage areas and, evidence of or potential for, pollutant discharge from such areas;

10. Corrective actions required (in accordance with Part 5.3), including any necessary changes to the SWPPP, and implementation dates (of corrective actions and SWPPP changes); and

11. Identification of any other instances of non-compliance with the conditions of this permit that are not associated with Part 4.4(10), or where the inspector does not identify any incidents of non-compliance, the inspection report shall contain a certification that the construction project or site is being operated in compliance with the SWPPP and this permit.

12. Document Adverse Conditions. If the operator determines that certain area(s) of the site are unsafe to inspect, the Inspection Report shall document the unsafe condition(s) and specify the locations where the unsafe condition(s) exists.

ADEQ 2013 CGP


4.5 Inspection Follow-up. 1. Control Measure Assessment. Based on the findings and observations of the inspection, the

operator shall implement the changes necessary to comply with the conditions in Part 3 and revise the SWPPP as needed in accordance with Part 6.5. The changes shall be implemented in accordance with the schedule described in “General Maintenance Requirements” in Part 3.1.

2. Corrective Actions. Based on the scope of inspection conducted in accordance with Part 4.3, the operator shall determine and implement appropriate corrective actions, and meet the applicable deadlines pursuant to Part 5.

ADEQ 2013 CGP


5.0 CORRECTIVE ACTIONS.

5.1 Corrective Action Triggers. Corrective actions are actions the operator takes in compliance with this Part to modify, or replace any control measure that failed to meet the conditions of Part 3. ADEQ does not consider routine maintenance or repairs as corrective actions. If any of the following conditions at the construction site occur resulting in or from a failure of a control measure, the operator shall implement new or modified control(s):

1. A necessary control measure was never installed, was installed incorrectly, or not in accordance with the requirements in Parts 3.1 and/ or 3.2; or

2. One of the prohibited discharges in Part 1.4 is occurring or has occurred; or

3. ADEQ or USEPA determines that modifications to the control measures are necessary to meet the requirements of Part 3.

On the same day a condition requiring corrective action is discovered, the operator shall take all reasonable steps to minimize or prevent the discharge of pollutants until a permanent solution is installed and made operational. However, if the problem is identified when it is too late in the work day to initiate a corrective action, the corrective action shall be initiated on the following work day, unless the condition poses imminent endangerment to human health or the environment, in which case the operator shall take immediate action.

5.2 Corrective Action Deadlines. Any control measures or repairs required must be made operational, or completed, by no later than 7 calendar days from the time of discovery. If the operator cannot complete the necessary repairs or installation of controls within 7 calendar days, the SWPPP shall include the following:

1. The reason it is infeasible to complete the installation or repair within the 7 calendar day timeframe; and

2. The schedule for installing and making the control measure(s) operational as soon as practicable after the 7-day timeframe.

Any corrective actions that result in changes to any of the control measures or procedures shall be documented in the SWPPP within 7 calendar days of completing the corrective action work.

The operator shall complete all corrective actions in accordance with the deadlines specified in this Part.

5.3 Corrective Action Report. For each corrective action taken in accordance with this Part, the operator shall document the details of the corrective action in the inspection report required by Part 4.4. These reports shall be signed in accordance with the signatory requirements in Appendix B, Subsection 9 and maintained with the SWPPP in accordance with the record keeping requirements in Appendix B, Subsection 11.

1. Construction Sites Located within 1/4 Mile of an Impaired Water or OAW. When any condition listed in Part 5.1 occurs, the operator of a construction site that discharges to an impaired water or OAW (in accordance with Parts 1.5(3) or (4)) shall submit this documentation in accordance with Part 8.2(2). . The operator shall retain a copy of the inspection report documenting the corrective action(s) onsite with the SWPPP as required in Part 6.4.

2. Report Schedule. Within 7 calendar days of discovery of any condition listed in Part 5.1, the operator shall document and maintain with the SWPPP the following information: a. Summary of corrective action taken or to be taken; b. Whether SWPPP modifications are required as a result of this discovery or corrective action; c. Date corrective action initiated or will be initiated; and d. Date corrective action completed or expected to be completed.

ADEQ 2013 CGP


6.0 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) PREPARATION

6.1 General Information. 1. The operator shall develop a stormwater pollution prevention plan (SWPPP) before submitting

the NOI for permit coverage and prior to conducting any construction activity. Any SWPPP prepared for coverage under a previous version of this AZPDES construction general permit must be reviewed and updated by the operator to comply with this permit’s requirements prior to submitting the NOI in accordance with Part 2.3(3)(e).

Note: For projects that did not prepare a SWPPP and submit an NOI before commencement of construction activity, see Part 2.3(2)(h) (late NOI submittal).

At least one SWPPP must be developed for each construction project or site covered by this permit. A “joint” or “common” SWPPP may be developed and implemented as a cooperative effort where there is more than one operator at a site. All operators shall either implement their portion of a common SWPPP or develop and implement their own SWPPP.

2. The SWPPP shall be prepared and implemented in accordance with good engineering practices and shall:

a. Identify all potential sources of pollution that may reasonably be expected to affect the quality of stormwater discharges from the construction site;

b. Identify, describe, and ensure implementation of control measures that will be used to reduce pollutants in stormwater discharges from the construction site;

c. Assure compliance with the terms and conditions of this permit; and d. Identify the responsible person for on-site SWPPP implementation.

3. All operator(s) shall sign and certify the SWPPP in accordance with the signatory requirements of Appendix B, Subsection 9.

4. The operator shall implement the SWPPP from initial commencement of construction activity until an NOT is submitted to ADEQ in accordance with Parts 2.5(1) or 2.6.

5. SWPPPs that do not meet all provisions of this permit are considered incomplete. Operating under an incomplete or inadequate SWPPP is a violation of the permit.

6. Emergency-Related Projects. Operators conducting construction activities in response to an emergency (see Part 2.4), shall document the cause of the emergency (e.g., natural disaster, extreme flooding conditions, etc.), information substantiating its occurrence (e.g., state disaster declaration or similar state or local declaration), and describe the construction necessary to reestablish effected public services.

6.2 Types of Operators 1. Operator Requirements. Either Part 6.1(2)(a) or (b), or both, will apply depending on the type of

operational control a person exerts over the site. Part 6.1(2)(c) applies to all operators who have control over only a portion of a construction site.

a. Operators with Operational Control over Construction Plans and Specifications shall ensure that:

i. The SWPPP indicates the areas of the project where the operator has operational control over project specifications, including the ability to make modifications in specifications;

ii. All other operators implementing portions of the SWPPP impacted by any changes made to the SWPPP are notified of such modifications in a timely manner; and

iii. The SWPPP indicates the name(s) of the person(s) with day-to-day operational

ADEQ 2013 CGP


control of those activities necessary to ensure compliance with the SWPPP or other permit conditions.

b. Operators with Control over Day-to-Day Activities shall ensure that: i. The SWPPP identifies the persons responsible for implementation of control

measures identified in the SWPPP; ii. The SWPPP indicates areas of the project where each operator has operational

control over day-to-day activities; and iii. The SWPPP indicates the name(s) of the person(s) with operational control over

project specifications (including the ability to make modifications in specifications).

c. Operators with Control over Only a Portion of a Larger Project are responsible for compliance with the terms and conditions of this permit as it relates to the activities on the operator’s portion of the construction site (including implementation of control measures required by the SWPPP). Operators shall ensure either directly or through coordination with other operators, that activities do not render another person’s control measure(s) ineffective.

6.3 SWPPP Contents 1. Stormwater Team.

Each operator, or group of operators, must assemble a “stormwater team,” which is responsible for overseeing the development of the SWPPP, any later modifications to it, and for compliance with the requirements in this permit.

The SWPPP must identify the name, title and a description of the qualifications and a copy of any training certificates of team members, including inspector(s), as well as their individual responsibilities. Each member of the stormwater team must have ready access to an electronic or paper copy of applicable portions of this permit, the most updated copy of the SWPPP, and other relevant documents or information that must be kept with the SWPPP.

The team may include members who are not employed by the operator (such as third party consultants).

2. Identification of Operators.

The SWPPP shall identify all operators, including contact information, for the project site and the areas and phases over which each operator has control.

3. Nature of Construction Activities.

The SWPPP must describe the nature of construction activities, including the size of the property (in acres) and the total area expected to be disturbed by the construction activities (in acres), construction support activity areas covered by this permit (see Part 1.3(1)(c)), and the maximum area expected to be disturbed at any one time.

4. Sequence and Estimated Dates of Construction Activities.

The SWPPP must include a description of the intended sequence of construction activities, including a schedule of the estimated start dates and the duration of the activity, for the following activities:

a. Installation of control measures, and when they will be made operational, including an explanation of the sequence and schedule for installation of the control measures;

b. Commencement and duration of construction activities, including clearing and grubbing, grading, site preparation (i.e., excavating, cutting and filling), underground utility installation, infrastructure installation, final grading, and creation of soil and vegetation stockpiles requiring stabilization;

ADEQ 2013 CGP


c. Cessation, temporarily or permanently, of construction activities on the site, or in designated portions of the site including the beginning and ending dates of inactive/ unstaffed status, when applicable;

d. Final or temporary stabilization of areas of exposed soil. The dates for stabilization must reflect the applicable deadlines to which the operator is subject in Part 3.1.2; and

e. Removal of temporary stormwater conveyances/ channels and other control measures, removal of construction equipment and vehicles, and cessation of any pollutant-generating activities.

Note: If plans change due to unforeseen circumstances or for other reasons, the requirement to describe the sequence and estimated dates of construction activities is not meant to “lock in” the operator to meeting these projections. When departures from initial projections are necessary, this should be documented in the SWPPP itself or in associated records, as appropriate.

5. Site Description. The SWPPP shall describe the construction site, including:

a. A description of the site and its intended use after the NOT is submitted to ADEQ (e.g. low density residential, shopping mall, highway, etc.);

b. The total area of the site, and an estimate of the total area of the site expected to be disturbed by construction activities including off-site supporting activities, borrow and fill areas, staging and equipment storage areas;

c. The percentage of the site that is impervious (e.g., paved, roofed, etc.) before and after construction;

d. A description of the site’s soils including potential for erosion; e. Areas where it is infeasible to maintain a 50 foot buffer in accordance with Part

3.1.1.5(1), describe which alternative was selected for the site, and comply with any additional requirements to provide documentation (Part 3.1.1.5(2));

f. On-site and Offsite Material Storage. The operator shall identify and describe all material storage areas (including overburden and stockpiles of dirt, borrow areas, etc.) used for the permitted project in the SWPPP unless those areas are covered by another AZPDES permit; and

g. A general location map (e.g., USGS quadrangle map, a portion of a city or county map, or other map) – with enough detail to identify:

i. The location of the construction site and one mile radius; and ii. The waters of the U.S. including tributaries within one mile radius of the site.

6. Site Map(s). The SWPPP shall contain legible site map or series of maps completed to scale, showing the entire site that identifies:

Note: If a marked-up site map is too full to be easily read, the operator should date and fold it, put it in the SWPPP for documentation, and start a new one.

a. Topography of the site, existing types of cover (e.g., forest, pasture, pavement, structures), and drainage pattern(s) of flow onto, over, and from the site property before and after major grading activities;

b. Drainage divides and direction of stormwater flow for all drainage areas located within the project limits (i.e., use arrows to show which way stormwater will flow);

c. Areas of soil disturbance and areas that will not be disturbed. Boundaries of the property and of the locations where construction activities will occur, including:

i. Locations where construction activities will occur, noting any phasing of construction activities;

ii. Locations where sediment or soil will be stockpiled;

ADEQ 2013 CGP


iii. Locations of any crossings of surface waters; iv. Designated points on the site where vehicles will exit onto paved roads; and v. Locations of construction support activity areas covered by this permit (see Part

1.3(1)(c)).

d. Locations of temporary and permanent control measures identified in the SWPPP; e. Locations where stabilization control measures are expected to occur; f. Areas protected by buffers (i.e., either the 50-foot buffer or other buffer areas retained on

site when within 50 feet of a perennial water) consistent with Part 3.1.1.5. The site map must show the boundary line of all such buffers;

g. Locations of on-site material, waste, borrow areas, or equipment storage areas, and other supporting activities (per Part 1.3(1)(c));

h. Locations of all potential pollutant-generating activities identified in Part 6.3(9). Examples include, but are not limited to: the pollutant-generating activities listed in Part 3.1.3.1 (fueling and maintenance operations; concrete, paint, and stucco washout); waste disposal; solid waste storage and disposal (Part 3.1.3.3); and dewatering operations (Part 3.1.4);

i. Locations of all surface waters and any impaired waters or OAWs within 1/4 mile of the facility. If none exist on site, the SWPPP shall indicate so;

j. Stormwater discharge location(s), using arrows to indicate discharge direction. Include the following:

i. Location(s) where stormwater and/or allowable non-stormwater discharges are discharged to waters of the U.S. (in accordance with Part 1.3); and

ii. Location(s) of any discharges to municipal separate storm sewer systems (MS4s) from the construction site.

Note: Where surface waters and/or MS4s receiving stormwater will not fit on the plan sheet, they shall be identified with an arrow indicating the direction and distance to the surface water and/or MS4;

k. Locations and registration numbers of all on-site drywells and drywells on adjacent properties that have the potential to receive stormwater from the site (If none exist the SWPPP shall indicate so);

l. Areas where final stabilization has been accomplished and no further construction permit requirements apply (if none, the SWPPP shall indicate so); and

m. Location and boundaries of environmentally sensitive areas and buffer zones to be preserved.

7. Receiving Waters. The SWPPP shall identify the nearest receiving water(s), including ephemeral and intermittent streams, dry washes, and arroyos. If applicable, the SWPPP shall also identify the areal extent and describe any wetlands near the site that could be disturbed or that could potentially receive discharges from disturbed areas of the project.

Indicate if the receiving water is listed as impaired, or an OAW.

Note: Operators may determine whether their sites are located within 1/4 mile of any impaired waters or OAWs by using ADEQ’s Smart NOI system or by obtaining a list of impaired waters at http://www.azdeq.gov/environ/water/assessment/assess.html . OAWs are listed in A.A.C. R18-11-112(G).

8. Control Measures to be used During Construction Activity. The SWPPP shall describe all control measures as required in Part 3.1 and that will be implemented and maintained as part of the construction project to control pollutants in discharges. For each control measure, the SWPPP shall contain:

a. For each major activity identified at Part 6.3 in the project sequence of activities

ADEQ 2013 CGP


description, a description of:

i. The appropriate control measures, including controls to minimize or eliminate non-stormwater discharges;

ii. The general sequence during the construction process or schedule that the control measures will be implemented; and

iii. Which operator is responsible for the implementation of control measures.

b. Standard detail drawings and/or specifications for the structural control measures, including design or installation details, used on the project;

c. What specific sediment controls will be installed and made operational prior to conducting earth-disturbing activities in any given portion of the site to meet the requirement of Part 3.1.1;

d. For site egress points, document the control measures that are intended to minimize tracking of pollutants from vehicles leaving the site consistent with Part 3.1.3.2.

9. Summary of Potential Pollutant Sources. The SWPPP shall identify the location and describe any pollutant sources, including any non-stormwater discharges expected to be associated with the project, from areas other than construction (i.e., support activities including stormwater discharges from dedicated asphalt or concrete plants and any other non-construction pollutant sources such as fueling and maintenance operations, materials stored on-site, waste piles, equipment staging yards, etc.). The operator shall implement control measures in these areas to minimize pollutant discharges and shall detail these controls in the SWPPP.

If any portion of the construction site is within 1/4 mile of an impaired water, the SWPPP shall identify sources of the pollutants of concern listed on the 303(d) list that may potentially be discharged from the construction site and describe additional or enhanced control measures to minimize discharges of these pollutants.

10. Use of Treatment Chemicals. If polymers, flocculants, or other cationic treatment chemicals will be used at the site, the SWPPP shall include:

a. A justification for the need for such chemicals and an assessment of potential water quality impacts;

b. A description of the training specific personnel have or will receive on the use and storage of any cationic treatment chemicals and/or chemical treatment systems at the construction site;

c. A listing of all treatment chemicals to be used at the site, a description of how the chemicals will be stored, and why the selection of these chemicals is suited to the soil characteristics of the site;

d. The dosage of all treatment chemicals that will be used at the site or the methodology that will be used to determine dosage;

e. A copy of any applicable Material Safety Data Sheets (MSDS);

f. Schematic drawings of any chemically-enhanced controls or chemical treatment systems to be used for application of the treatment chemicals;

g. Copies of applicable manufacturer’s specifications regarding the use of specific treatment chemicals and/or chemical treatment systems and references to state or local requirements affecting the use of these chemicals.

11. Pollution Prevention Procedures.

a. Spill Prevention and Response Procedures. The SWPPP must describe procedures to prevent and respond to spills, leaks, and other releases consistent with Part 3.1.3, including:

ADEQ 2013 CGP


i. Procedures for plainly labeling containers (e.g., “Used Oil,” “Spent Solvents,” “Fertilizers and Pesticides,” etc.) that could be susceptible to spillage or leakage to encourage proper handling and facilitate rapid response if spills or leaks occur;

ii. Preventative measures such as barriers between material storage and traffic areas, secondary containment provisions, and procedures for material storage and handling;

iii. Procedures for expeditiously stopping, containing, and cleaning up spills, leaks, and other releases. Identify the name or position of the employee(s) responsible for detection and response of spills or leaks; and

iv. Procedures for notification of appropriate facility personnel, emergency response agencies, and regulatory agencies where a leak, spill, or other release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity consistent with Part 3.1.3.4 and established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302, occurs during a 24-hour period. Contact information must be in locations that are readily accessible and available.

The operator may reference the existence of other plans, such as the Spill Prevention Control and Countermeasure (SPCC) plans developed for the construction activity under Part 311 of the CWA, or spill control programs otherwise required by an AZPDES permit for the construction activity, provided that a copy of that other plan is kept with the SWPPP onsite. If an SPCC or other spill prevention plan already exists, the operator may use such plans and incorporate them by reference in the SWPPP.

b. Waste Management Procedures. The SWPPP must describe procedures for handling and disposing all wastes generated at the site, including, but not limited to, clearing and demolition debris, sediment removed from the site, construction and domestic waste, hazardous or toxic waste, and sanitary waste.

6.4 Documentation Requirements including Permit Related Records The operator shall keep the following inspection, monitoring, and certification records complete and up-to-date. Retaining these records with the SWPPP (unless otherwise specified below) is necessary to demonstrate compliance with the conditions of this permit.

1. A copy of this permit (an electronic copy easily available to SWPPP personnel is also acceptable);

2. A copy of the NOI submitted to ADEQ, including any correspondence exchanged between the operator and ADEQ specific to coverage under this permit;

3. A copy of the authorization certificate received from ADEQ;

4. Identification of any municipality that received a copy of the authorization certificate;

5. Copies of any other agreements (such as a CWA section 404 permit, local grading permit, etc.) with any state, local, or federal agencies that would affect the provisions or implementation of the SWPPP, if applicable;

6. Descriptions and dates of any incidences of significant spills, leaks, or other releases that resulted in discharges of pollutants in stormwater to a regulated MS4 or to waters of the U.S., the circumstances leading to the release and actions taken in response to the release and measures taken to prevent the recurrence of such releases (see Part 3.1.3.4);

7. Documentation of repairs of structural control measures, including the date(s) of discovery of areas in need of repair/replacement, date(s) that the structural control measure(s) returned to full function, and the justification for any extended repair schedules (see Part 3.1). The maintenance records shall include the date(s) of regular maintenance;

ADEQ 2013 CGP


8. All inspection reports (see Part 4.4);

9. Description of any corrective action taken at the site, including triggering event and dates when problems were discovered and modifications occurred;

10. Buffer Documentation. If the construction site’s earth disturbances are located within 50 feet of a perennial water, the operator shall describe which alternative was selected for the site, and comply with any additional documentation requirements in Part 3.1.1.5.

11. Documentation to support the operator’s claim that the facility has changed its status from active to inactive and unstaffed with respect to the requirements to conduct inspections (see Part 4.2(4));

12. Post-Construction Stormwater Management. a. The SWPPP shall include a description of post-construction stormwater management

control measures that will be installed during the construction process to control pollutants in stormwater discharges after construction has been completed.

b. If ‘temporary’ sediment basins are to be used as/converted to retention or detention basins in the post-construction phase, the operator shall remove and properly dispose of all sediments accumulated in the basin during construction activities prior to filing an NOT.

c. New discharge connections or permanent stormwater outfalls directly to OAWs are prohibited under this permit.

Note: The installation of these devices may also require a separate permit under section 404 of the Clean Water Act.

Note: This permit only authorizes and requires the operator to install and maintain stormwater management measures up to and including final stabilization of the site, and does not require continued maintenance after stormwater discharges associated with the construction activity have been eliminated from the site and an NOT has been submitted to ADEQ. However, post-construction control measures that discharge pollutants from point sources once construction is complete may require authorization under a separate AZPDES permit.

6.5 SWPPP Updates and Modification Requirements 6.5.1 Maintaining an Updated SWPPP.

The SWPPP shall be revised as necessary during permit coverage to reflect current conditions and to maintain accuracy. The operator shall make any required amendments to the SWPPP within 7 calendar days whenever:

1. There is a change in design, construction, operation, or maintenance at the construction site that may have a significant effect on the discharge of pollutants to the waters of the U.S. that has not been previously addressed in the SWPPP; or

2. During inspections, monitoring if required, or investigations by the operator or by ADEQ or USEPA, it is determined the discharges are causing or contributing to water quality exceedances or the SWPPP is ineffective in eliminating or significantly minimizing pollutants in stormwater discharges from the construction site; or

3. There is a change to the stormwater team.

6.5.2 Conditions Requiring SWPPP Modification.

The operator shall complete required revisions to the SWPPP within 7 calendar days following the occurrence of any of the conditions listed below. The operator shall modify the SWPPP, including the site map(s), in response to any of the following conditions:

1. New operators become active in construction activities at the site, construction plans are changed (that will affect the quality of the discharge), control measures, pollution

ADEQ 2013 CGP


prevention measures, or other activities at the site are no longer accurately reflected in the SWPPP. This includes changes made in response to corrective actions triggered under Part 5.1. Operators do not need to modify their SWPPPs if the estimated dates in Part 6.3(6) change during the course of construction;

2. Areas on the site map where operational control has been transferred (and the date of transfer) since initiating permit coverage;

3. If inspections or investigations by site staff, or by local, state, or federal officials determine that SWPPP modifications are necessary for compliance with this permit;

4. ADEQ determines it is necessary to impose additional requirements on the discharge (in accordance with Part 6.5.1), the following must be included in the SWPPP:

a. A copy of any correspondence describing such requirements; and

b. A description of the control measures that will be used to meet such requirements.

5. To reflect any revisions to applicable federal, state, tribal, or local requirements that affect the control measures implemented at the site; and

6. If applicable, if a change in chemical treatment systems or chemically-enhanced control is made, including use of a different treatment chemical, different dosage rate, or different area of application.

7. SWPPP Modification Records. Operators are required to maintain records showing the dates of all SWPPP modifications. The records must include the name of the person authorizing each change (see Part 6.1(3)) and a brief summary of all changes.

6.5.3 Certification Requirements.

All modifications made to the SWPPP consistent with Part 6.5.2 must be authorized by a person identified in Appendix B, Subsection 9.

6.5.4 Required Notice to Other Operators.

When the operator determines that a modification to the SWPPP is required and there are multiple operators covered under a common SWPPP, any operators who may be impacted by the change to the SWPPP shall be notified at the address of record in the SWPPP.

6.6 Deficiencies in the SWPPP ADEQ may notify the operator at any time that the SWPPP does not meet one or more of the requirements of this permit. The notification shall identify the parts of this permit that are not being met and parts of the SWPPP that require modification to comply with permit. Within 15 calendar days of receipt of the notification from ADEQ (or as otherwise provided by ADEQ), the operator shall make the required changes to the SWPPP and submit to ADEQ a written certification that the changes have been made. ADEQ may require re-submittal of the SWPPP to confirm all deficiencies have been adequately addressed.

In accordance with Appendix B, Subsection 1, ADEQ also is not precluded from taking enforcement action for any period of time the operator was operating under a SWPPP that did not meet the minimum requirements of this permit.

6.7 Posting, SWPPP Review and Making SWPPPs Available 1. The operator must post the authorization number(s) in a conspicuous location near the main

entrance of the construction site and retain a copy of the authorization certificate in the SWPPP. For linear projects, the authorization number(s) must be posted near the entrance where most of the construction activity is occurring.

2. A copy of the site specific SWPPP shall be on-site whenever construction or support activities are actively underway, and shall be available to the Department or any other federal, state or local authority having jurisdiction over the project at any reasonable time (generally Monday

ADEQ 2013 CGP


through Friday, 8:00 a.m. to 5:00 p.m.).

3. The SWPPP shall be made available to the Department or any other federal, state, tribal, or local authority having jurisdiction over stormwater discharges from the project at the time of an on-site inspection.

4. Any person, including, tribal authority, state, federal or local agency may make a written request to ADEQ for access to a copy of the SWPPP. ADEQ may request, and within 7 calendar days the operator shall provide, a copy for ADEQ to make available for public review;

5. Inactive and Unstaffed Sites: Operators with sites that meet the requirements for inactive and unstaffed are not required to maintain the SWPPP on-site. However, the SWPPP must be locally available (i.e., in Arizona) and must be on-site when conducting the inspections required by Part 4. For the purpose of a regulatory inspection, the SWPPP shall be made available to ADEQ, USEPA, or other Federal, State or local authority having stormwater program authority, within 48 hours of request. If otherwise requested by ADEQ, the operator shall submit copies of these documents within 14 calendar days of request.

6.8 Procedures for Inspection, Maintenance, and Corrective Action The SWPPP must describe the procedures operators will follow for maintaining their control measures, conducting site inspections, and, where necessary, taking corrective actions, in accordance with Part 3.1, Part 4, and Part 5 of the permit. The following information must also be included in the SWPPP:

1 Personnel responsible for conducting inspections;

2 The inspection schedule that will be followed based on whether the site is subject to Part 4.2(1) or 4.2(3), and whether the site qualifies for any of the reduced inspection frequencies in Part 4.2(2) or 4.2(4). If conducting inspections in accordance with the inspection schedule in Part 4.2(1) or 4.2(3), document the weather information required in the inspection report (see Part 4.5);

3 If reducing the inspection frequency in accordance with Part 4.2(2) or 4.2(4), the beginning and ending dates of the reduced inspection period; and

4 Any inspection or maintenance checklists or other forms that will be used.

5. The operator shall ensure that all qualified personnel (see Appendix A) review the requirements of this permit. Qualified personnel are responsible for:

• The design, installation, maintenance, and/ or repair of control measures (including pollution prevention measures);

• The application and storage of treatment chemicals (if applicable); • Conducting inspections as required in Part 4.1; and • Taking corrective actions as required in Part 5.

ADEQ 2013 CGP


7.0 STORMWATER MONITORING The provisions of Part 7 apply only to operators with construction projects located within 1/4 mile of an impaired or outstanding Arizona water (OAW), or as otherwise specified by ADEQ. Any portion of the project area that extends within this distance is subject to the requirements of this Part, unless the operator provides a justification for not monitoring, consistent with Part 7.1. The monitoring plan, or justification, must be a part of the SWPPP and submitted along with it to ADEQ for approval.

The Department may notify the permittee, in writing, of additional discharge monitoring required to ensure protection of receiving water quality if it is determined that the pollutant may be causing or contributing to an exceedance of a water quality standard.

7.1 Monitoring Program. Operators of projects that are located within 1/4 mile of impaired or outstanding Arizona waters (OAW) shall prepare and implement a monitoring program that meets the requirements of this Part. Sites can be exempted from monitoring if the operator provides a demonstration acceptable to ADEQ that there is no potential for the discharge to reach the OAW or impaired receiving water.

For any portion of a construction site that is located within 1/4 mile of an impaired water, if the operator can demonstrate that there is no reasonable potential that construction activities will be an additional source of the specific pollutant for which the water is impaired, analytical monitoring for that parameter is not required. As part of this demonstration, the operator must consider all on-site activities and sources, as well as the potential for any pollutants (metals, nutrients, etc.) to be present in the on-site soils that will be disturbed.

7.2 General Requirements. The operator shall develop a written site-specific monitoring program for analytical monitoring of stormwater unless an acceptable rationale demonstrates that stormwater monitoring is not necessary, in accordance with Part 7.1. . The monitoring program shall be a part of the SWPPP as either an appendix or separate SWPPP section. The monitoring program shall include:

1. Locations of monitoring sites;

2. The name(s) and title of the person(s) who will perform the monitoring;

3. A map showing the segments or portions of the receiving water that are most likely to be impacted by the discharge of pollutant(s);

4. Water quality parameters/ pollutants to be sampled;

5. The citation and description of the sampling protocols to be used; and

6. Identification of the analytical methods and related method detection limits (if applicable) for each parameter required. Method detection limits shall be below applicable surface water quality standards when possible.

7. Additionally, for construction sites within 1/4 mile of an impaired water, the monitoring program shall include:

a. An identification of the pollutant(s) of concern based on the most recent 305(b) / 303(d) listing or other information available; and

b. A description of potential source(s) of this pollutant(s) from the project, if any.

7.3 Analytical Monitoring Requirements. 1. Analytical Monitoring Schedule. The operator shall conduct analytical monitoring a minimum of

two times per wet season throughout the duration of permit coverage. Analytical monitoring is only required when stormwater or snowmelt exits the construction site by way of a discharge point in sufficient quantity to allow for sample collection and analysis.

Wet seasons, for the purposes of analytical monitoring, are defined as follows:

ADEQ 2013 CGP


• Summer wet season: June 1 – October 31 • Winter wet season: November 1 – May 31

2. Adverse Conditions. The operator is not required to collect samples under adverse conditions, in accordance with Part 4.2(6). Information about any adverse conditions that prevented sampling shall be documented in the SWPPP.

3. Analytical Monitoring Locations. The operator shall conduct discharge sampling at locations observed or suspected to contain the greatest pollutant load resulting from the construction activities. If any portion of the construction site is located within 1/4 mile of an impaired water or OAW, the operator shall use Table 7-1 to determine the minimum number of samples to collect for purposes of analytical monitoring.

Table 7-1. Minimum number of samples to collect

Number of Discharge Points Number of Samples

1 to 4 1 5 to 19 2

20 or more 10% of total a. Where the construction site is adjacent to or otherwise discharges directly to an OAW,

the operator shall sample for turbidity both immediately upstream and downstream of each discharge point. If there are two or more discharge locations from the site to the same OAW, the operator may sample at one upstream and one downstream location in the stream

b. If the impaired water or OAW is a lake, a site-specific proposal for sampling the impact area shall be submitted.

4. Analytical Monitoring Parameters.

a. All operators with construction sites that are located within 1/4 mile of an OAW shall monitor for turbidity. The operator shall compare turbidity values from the sample locations referenced in Part 7.3(3)(a). If there is a 25% or more increase at the downstream monitoring location, or for lakes, in the area of impact, the operator shall evaluate and replace, maintain, or install additional control measures as necessary to reduce sediment transport.

b. For sites with discharges to OAWs, the operator shall also sample for any pollutants known to be present at the site or that have the potential to be discharged from the site.

c. All operators with construction sites that are located within 1/4 mile of an impaired water shall monitor for the pollutant(s) for which the water is impaired.

5. Sampling and Analysis Plan (SAP). The operator shall establish written procedures for sample collection, preservation, tracking, handling, and analyses. The approved SAP (in accordance with Parts 1.5(3) and 1.5(4)) shall be a part of the SWPPP, either as an appendix or a separate SWPPP section. The SAP shall include the following:

a. Sample Collection, Preservation, Tracking, Handling and Analyses. • Designate and train personnel to collect, maintain, and handle samples in

accordance with the appropriate sample protocols. • Identify water quality parameters/pollutants to be sampled including any

pollutant(s) of concern in accordance with this Part; • Identify the required sample analyses and associated analytical methods

(analytical laboratory and field analyses).

ADEQ 2013 CGP


• Written procedures for: o Sample collection (equipment and containers, calibration procedures,

document site conditions during sampling, field notes and conditions under which the sample was taken),

o Preservation (sample preparation to meet holding times),

o Tracking (including chain-of-custody procedures), and

o Handling (packing, transporting and shipping procedures to maximize sample integrity).

b. Calibration and Maintenance of Equipment and Monitoring Methods. All monitoring instruments and equipment (including operators' own field instruments for measuring pH and turbidity) shall be calibrated and maintained in accordance with manufacturers' recommendations. All laboratory analyses shall be conducted according to test procedures specified in 40 CFR Part 136, unless other test procedures have been specified in this general permit.

All samples collected for analytical monitoring shall be analyzed by a laboratory that is licensed by the Arizona Department of Health Service (ADHS) Office of Laboratory Licensure and Certification. This requirement does not apply to parameters that require analysis at the time of sample collection as long as the testing methods used are approved by ADHS or ADEQ. These parameters may include flow, dissolved oxygen, pH, temperature, and total residual chlorine. The operator may conduct field analysis of turbidity if the operator has sufficient capability (qualified and trained employees, properly calibrated and maintained field instruments, etc.) to properly perform the field analysis.

ADEQ 2013 CGP


8.0 FEES, REPORTING AND RECORDKEEPING

8.1 Fee Requirements. In accordance with A.A.C R18-14-109, the operator shall pay the initial AZPDES water quality protection services fee for coverage under this permit at the time the NOI is submitted. In addition, the operator shall pay the applicable annual fee when billed, unless a notice of termination has been submitted to ADEQ. The annual fee is due on the anniversary of the date the authorization certificate (see Part 2.3(3)(d)). Both fees are based on the amount of acreage identified in the NOI, in accordance with A.A.C. R18-14-109, Table 6.

8.2 Records. 1. Address for Submittal of All Forms and Reports. All documents required by this permit (signed copies

of NOIs, NOTs, DMRs and paper copies of any reports required in Parts 4, 5, 6, 7 and 8) and any other written correspondence concerning discharges covered under this permit shall be signed and dated in accordance with Appendix B, Subsection 9 of this permit and submitted to ADEQ at the address below. Other options (i.e., electronic submittal) may also be used if ADEQ makes the information available on the Internet or by public notice.

Arizona Department of Environmental Quality Surface Water Section, Stormwater Permits Unit—CGP Monitoring 1110 W. Washington Street, Mail Code 5415 A-1 Phoenix, AZ 85007

Reports of non-compliance shall be reported to:

Arizona Department of Environmental Quality Water Quality Compliance Section 1110 W. Washington Street, Mail Code 5515 B-1 Phoenix, AZ 85007 Office: 602/ 771 – 4497; Fax 602/ 771 – 4505

2. Record Submittal. Operators of construction sites that are required to monitor, in accordance with

Part 7, shall submit analytical monitoring results annually. Monitoring records for the period between January 1 and December 31 shall be submitted to ADEQ by January 31 of each year or at the time of final stabilization and NOT submittal, whichever is sooner.

Monitoring results must be reported on a Discharge Monitoring Report (DMR) form available at http://www.azdeq.gov/environ/water/permits/cgp.html or other format specified by the Director, and submitted to:

Arizona Department of Environmental Quality Surface Water Section Stormwater and General Permits Unit/NOI (5415A-1) 1110 W. Washington Street Phoenix, Arizona 85007

3. Record Retention. The operator shall retain records of all stormwater monitoring information,

corrective actions, inspection and other reports with the SWPPP for a period of at least three years from the date the NOT was submitted to ADEQ.

ADEQ 2013 CGP

CGP Appendix A

A – 1

APPENDIX A. DEFINITIONS and ACRONYMS (for the purposes of this permit). A – 1. DEFINITIONS “24 hour period” – any consecutive 24-hour period.

“Anticipated storm event” – any storm event with at least a 30% chance of precipitation as predicted by the National Weather Service for the area local to the construction site.

“Approved Total Maximum Daily Loads (TMDLs)” – Approved TMDLs are those that are developed by the Arizona Department of Environmental Quality and approved by USEPA. See also, Total Maximum Daily Load.

“Arid areas” – the parts of Arizona that receive an annual rainfall of less than 20 inches.

“Best management practices” (BMPs) – those methods, measures or practices to prevent or reduce discharges and includes structural and nonstructural BMPs and operation and maintenance procedures. Best management practices may be applied before, during and after discharges to reduce or eliminate the introduction of pollutants into receiving waters. In addition, the term shall include erosion and sediment control BMPs, stormwater conveyance, stormwater diversion, and treatment structures, and any procedure or facility used to minimize the exposure of pollutants to stormwater or to remove pollutants from stormwater.

“Borrow Areas” – the areas where materials are dug for use as fill, either onsite or off-site.

“Calendar day” – a calendar day or any 24-hour period that reasonably represents the calendar day.

“Cationic Treatment Chemical” – polymers, flocculants, or other chemicals that contain an overall positive charge. Among other things, they are used to reduce turbidity in stormwater discharges by chemically bonding to the overall negative charge of suspended silts and other soil materials and causing them to bind together and settle out. Common examples of cationic treatment chemicals are chitosan and cationic PAM.

“Commencement of construction activities” – the initial disturbance of soils (or ‘breaking ground’) associated with clearing, grading, excavating, or stockpiling of fill material activities or other construction-related activities (such as the placement of fertilizers, pesticides, herbicides, detergents, fuels, oils, or other chemicals, or the occurrence of authorized non-stormwater washout activities, or dewatering activities have begun on the site).

“Common plan of development” – a contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one plan. A ‘plan’ is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur.

“Construction activity” – earth-disturbing activities such as, clearing, grading, excavating, stockpiling of fill material and other similar activities. This definition encompasses both large construction activities defined in 40 CFR 122.26 (b)(14)(x) and small construction activities in 40 CFR 122.26 (b)(15)(i) and includes construction support activities.

“Construction and Development Effluent Limitations and New Source Performance Standards” (C&D Rule) – as published in 40 CFR § 450 is the regulation requiring effluent limitations guidelines (ELGs) and new source performance standards (NSPS) for controlling the discharge of pollutants from construction sites.

“Construction site” or “site” – the land or water area where construction activities will occur, including construction support activities, and where control measures will be installed and maintained. The construction support activities may be located at a different part of the property from where the primary construction activity will take place, or on a different piece of property altogether. The construction site is often a smaller subset of the lot or parcel within which the project is taking place.

ADEQ 2013 CGP

CGP Appendix A

A – 2

“Construction support activity” – a construction-related activity that exclusively supports the construction activity and involves earth disturbance or pollutant-generating activities of its own, and can include activities associated with concrete or asphalt batch plants, equipment staging yards, materials storage areas, excavated material disposal areas, and borrow areas. When the term “support activities” is used without clarification, it means “construction support activities”.

“Construction waste” – discarded material (such as packaging materials, scrap construction materials, masonry products, timber, steel, pipe, and electrical cuttings, plastics, and Styrofoam).

“Control measure” – refers to any BMP or other method (including effluent limitations) used to prevent or reduce the discharge of pollutants to waters of the United States.

“Conveyance channel” – a temporary or permanent waterway designed and installed to safely convey stormwater flow within and out of a construction site.

“Corrective action” – any action taken to (1) modify, or replace any ineffective control measure used at the site; (2) mitigate any conditions that resulted in a discharge of pollutants above surface water quality standards; or (3) remedy a permit violation.

“Department” – the Arizona Department of Environmental Quality.

“Discharge” – any addition of any pollutant to waters of the United States or to a MS4 from any point source.

“Discharge of a pollutant” – any addition of any “pollutant” or combination of pollutants to “waters of the United States” from any “point source,” or any addition of any pollutant or combination of pollutants to the waters of the “contiguous zone” or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. This includes additions of pollutants into waters of the United States from surface runoff which is collected or channeled by man. See 40 CFR 122.2.

“Discharge point” – the location where stormwater flows exit the construction site.

“Domestic waste” – typical household trash, garbage or rubbish items generated by construction activities.

“Drought” – weather conditions considered “severely” or “extremely” dry (i.e., has a value of -1.50 or less) as evaluated by the 3-month Standardized Precipitation Index (SPI) which compares current cumulative precipitation to average conditions.

“Effective operating condition” – a control measure is kept in effective operating condition if it has been implemented and maintained in such a manner that it is working as designed to minimize pollutant discharges.

“Effluent limitations” – any of the Part 1.4 or Part 3 requirements.

“Effluent Limitations Guideline” (ELG) – defined in 40 CFR § 122.2 as a regulation published by the Administrator under section 304(b) of CWA to adopt or revise effluent limitations.

“Emergency-related construction activity” – an activity initiated in response to a emergency (e.g., natural disaster, disruption in essential public services), for which the related work requires immediate authorization to avoid imminent endangerment to human health or the environment, or to reestablish essential public services.

“Ephemeral water” – a surface water that has a channel that is at all times above the water table, and that flows only in direct response to precipitation. [A.A.C. R18-11-101(22)]

“Erosion control” – temporary or permanent measures to prevent soil particles from detaching and being transported in stormwater.

ADEQ 2013 CGP

CGP Appendix A

A – 3

“Hazardous materials” or “Hazardous substances” or “Hazardous or toxic waste” – any liquid, solid, or contained gas that contain properties that are dangerous or potentially harmful to human health or the environment. See also 40 CFR §261.2.

“Impaired water” – waters that have been assessed by ADEQ, under the Clean Water Act, as not attaining a water quality standard for at least one designated use, and are listed in Arizona’s current 303(d) List or on the 305(b) Category 4 list.

“Intermittent water” or “Intermittent stream” – a stream or reach that flows continuously only at certain times of the year, as when it receives water from a spring or from another surface source, such as melting snow. [A.A.C. R18-11-101(25)]

“Linear project” – includes the construction of roads, bridges, conduits, substructures, pipelines, sewer lines, towers, poles, cables, wires, connectors, switching, regulating and transforming equipment and associated ancillary facilities in a long, narrow area.

“Minimize” – to reduce and/or eliminate to the extent achievable using control measures that are technologically available and economically practicable and achievable in light of best industry practices.

“Municipal separate storm sewer” – a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

i. Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act (33 U.S.C. 1288) that discharges to waters of the United States;

ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works.

“Municipal separate storm sewer system” (MS4) – all separate storm sewers defined as “large,” “medium,” or “small” municipal separate storm sewer systems or any municipal separate storm sewers on a system-wide or jurisdiction-wide basis as determined by the Director under A.A.C. R18-9-C902(A)(1)(g)(i) through (iv). [A.A.C. R18-9-A901(23)]. This also includes similar systems owned or operated by separate storm sewer municipal jurisdictions not required to obtain stormwater discharge authorization.

“Notice of Intent” (NOI) – the application to operate under this general permit.

“Notice of Termination” (NOT) – the application to terminate coverage under this general permit.

“Outstanding Arizona Water” – a surface water that has been designated by ADEQ as an outstanding state resource under A.A.C. R18-11-112.

“Perennial water” – a surface water that flows continuously throughout the year (A.A.C. R18-11-101(30)).

“Person” – an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association or state, a political subdivision of this state, a commission, the United States government or any federal facility, interstate body or other entity. [A.R.S. § 49-201(27)]

“Point(s) of discharge” – see “Discharge Point.”

“Point source” – any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding

ADEQ 2013 CGP

CGP Appendix A

A – 4

operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.

“Pollutant” – sediment, fluids, contaminants, toxic wastes, toxic pollutants, dredged spoil, solid waste, substances and chemicals, pesticides, herbicides, fertilizers and other agricultural chemicals, incinerator residue, sewage, garbage, sewage sludge, munitions, petroleum products, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt (e.g., overburden material), and mining, industrial, municipal and agricultural wastes or any other liquid, solid, gaseous or hazardous substances. [A.R.S. § 49-201(29)]

“Pollutant-generating activities” – at construction sites, those activities that lead to or could lead to the discharge of pollutants, either as a result of construction activity or construction support activity. Types of pollutants that are typically associated with construction sites include, but are not limited to:

• Sediment; • Nutrients; • Heavy metals; • Pesticides and herbicides; • Oil and grease; • Bacteria and viruses; • Trash, debris, and solids; • Treatment polymers; and • Any other toxic chemicals.

“Pollution prevention measures” – control measures designed to reduce or eliminate the addition of pollutants to construction site discharges through analysis of pollutant sources, implementation of proper handling/ disposal practices, employee education, and other actions.

“Polymers” – coagulants and flocculants used to control erosion on soil or to enhance the sediment removal capabilities of sediment traps or basins. Common construction site polymers include polyacrylamide (PAM), chitosan, alum, polyaluminum chloride, and gypsum.

“Prohibited discharges” – discharges that are not allowed under this permit, including:

1. Wastewater from washout of concrete; 2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and

other construction materials; 3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; 4. Soaps or solvents used in vehicle and equipment washing; and 5. Toxic or hazardous substances from a spill or other release.

“Provisionally covered under this permit” – ADEQ provides temporary coverage under this permit for emergency-related projects prior to receipt of a complete and accurate NOI. Discharges from earth-disturbing activities associated with the emergency-related projects are subject to the terms and conditions of the permit during the period of temporary coverage.

“Qualified person” or “Qualified personnel” – Qualified personnel are those (either the operator’s employees or outside personnel) who are knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention, who possess the skills to assess conditions at the construction site that could impact stormwater quality, and the skills to assess the effectiveness of any control measures selected to control the quality of stormwater discharges from the construction activity.

ADEQ 2013 CGP

CGP Appendix A

A – 5

“Received” – for the purposes of this permit and in reference to NOIs or NOTs or Permit Waiver Certificate forms means:

1. The day the information was signed electronically via the Smart NOI system and submitted to ADEQ, 2. The date of hand-delivery of the signed form to ADEQ, or 3. The date ADEQ signs for certified mail containing the signed form.

“Receiving water” – a “Water of the United States” as defined in 40 CFR §122.2 into which the regulated stormwater discharges.

"Reclaimed water" – water that has been treated or processed by a wastewater treatment plant or an on-site wastewater treatment facility. A.R.S. § 49-201(31).

“Run-on” – stormwater that drains from land located upslope or upstream from the regulated site in question.

“Sediment control” – measures designed to intercept and settle out soil particles that have become detached and transported by water. Sediment control measures complement soil stabilization measures (erosion control).

“Site” – see “construction site”.

“Small construction activity” – defined at 40 CFR §122.26(b)(15) and incorporated here by reference. A small construction activity includes clearing, grading, and excavating resulting in a land disturbance that will disturb equal to or greater than one (1) acre and less than five (5) acres of land or will disturb less than one (1) acre of total land area but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one (1) acre and less than five (5) acres. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site.

“Spill” – the release of a hazardous or toxic substance from its container or containment (see Part 3.1.3.5).

“Stabilization” – covering or maintaining an existing cover over soil that reduces and minimizes erosion. The use of vegetative and/or non-vegetative cover to prevent erosion and sediment loss in areas exposed through the construction process.

“Storm event” – a precipitation event that results in a measurable amount of precipitation.

“Stormwater” – stormwater runoff, snow melt runoff, and surface runoff and drainage. See 40 CFR 122.26(b)(13).

“Stormwater discharges associated with construction activity” – a discharge of pollutants in stormwater runoff from areas where soil disturbing activities (e.g., clearing, grading, or excavating), construction materials, or equipment storage or maintenance (e.g., fill piles, borrow areas, concrete truck washout, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located. See 40 CFR 122.26(b)(14)(x) and 40 CFR 122.26(b)(15).

“Stormwater Pollution Prevention Plan” (SWPPP) – a site-specific, written document that, among other things: (1) identifies potential sources of stormwater pollution at the construction site; (2) describes control measures to reduce or eliminate pollutants in stormwater discharges from the construction site; and (3) identifies procedures the operator will implement to comply with the terms and conditions of this general permit.

“Stormwater team” – an individual or group of individuals responsible for oversight of the development and modifications of the SWPPP, and oversight of compliance with the permit requirements. The individual(s) on the “Stormwater Team” must be identified in the SWPPP.

ADEQ 2013 CGP

CGP Appendix A

A – 6

“Surface Water” – a “Water of the United States” as defined in 40 CFR §122.2.

“Temporary stabilization” – a condition where exposed soils or disturbed areas are provided a temporary vegetative and/or non-vegetative protective cover to prevent erosion and sediment loss. Temporary stabilization may include temporary seeding, geotextiles, mulches, and other techniques to reduce or eliminate erosion until either final stabilization can be achieved or until further construction activities take place to re-disturb this area.

“Total Maximum Daily Load” (TMDL) – an estimation of the total amount of a pollutant from all sources that may be added to a water while still allowing the water to achieve and maintain applicable surface water quality standards. Each total maximum daily load shall include allocations for sources that contribute the pollutant to the water, as required by section 303(d) of the clean water act (33 United States Code, Section 1313(d)) and regulations implementing that statute to achieve applicable surface water quality standards. [A.R.S. § 49-231(4)]

“Toxic waste” – see “Hazardous Materials”

“Turbidity” – a condition of water quality characterized by the presence of suspended solids and/or organic material; expressed as nephelometric turbidity units (NTU).

“Waters of the United States” (U.S.) – defined in 40 CFR 122.2.

“Waste Load Allocation” – The maximum load of pollutants each discharger of waste is allowed to release into a particular waterway. Discharge limits are usually required for each specific water quality criterion being, or expected to be, violated. WLAs constitute a type of water quality-based effluent limitation. (See 40 C.F.R. § 130.2(h))

“Water Quality Standards” – A water quality standard defines the water quality goals of a water body, or portion thereof, by designating the use or uses to be made of the water and by setting criteria necessary to protect the uses. States and USEPA adopt water quality standards to protect public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act (See CWA sections 101(a)2 and 303(c)). Water quality standards also include an antidegradation policy. See P.U.D. o. 1 of Jefferson County et al v. Wash Dept of Ecology et al, 511 US 701, 705 (1994).

“Wetland” – an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. A wetland includes a swamp, marsh, bog, cienega, tinaja, and similar areas. [A.A.C. R18-11-101(49)]

“Work day” – a calendar day on which construction activities will take place.

A – 2. ACRONYMS

AAC Arizona Administrative Code NOI Notice of Intent

ADEQ Arizona Department of Environmental Quality

NOT Notice of Termination

ARS Arizona Revised Statute NPDES National Pollutant Discharge Elimination System

AZPDES Arizona Pollutant Discharge Elimination System

SWPPP Stormwater Pollution Prevention Plan

CFR Code of Federal Regulations TMDL Total Maximum Daily Load

CWA Clean Water Act USEPA United States Environmental Protection Agency

MS4 Municipal Separate Storm Sewer System

USGS United States Geological Survey

ADEQ 2013 CGP

CGP Appendix A

A – 7

ADEQ 2013 CGP

B – 1 CGP Appendix B

APPENDIX B. STANDARD PERMIT CONDITIONS. Standard permit conditions in Appendix B are consistent with the general permit provisions required under 40 CFR 122.41 and A.A.C. R-18-9-A905(A)(3).

1. Duty to Comply. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(a)(1) and A.R.S. §§ 49-261, 262, 263.01, and 263.02.]

a. The operator shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act; A.R.S. Title 49, Chapter 2, Article 3.1; and A.A.C. Title 18, Chapter 9, Article 9, and is grounds for enforcement action, permit termination, revocation and reissuance, or modification, or denial of a permit renewal application.

b. The issuance of this permit does not waive any federal, state, county, or local regulations or permit requirements with which a person discharging under this permit is required to comply.

c. The operator shall comply with any effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if this permit has not yet been modified to incorporate the requirement.

2. Duty to Reapply / Continuation of the Expired General Permit. [A.A.C. R18-9-A905, which

incorporates 40 CFR 122.41(b) and A.A.C. R18-9-C903]

a. Upon reissuance of the general permit, the permittee shall file an NOI, within the timeframe specified in the new general permit, and shall obtain new written authorization to discharge from the Director.

b. If the Director does not reissue the general permit before the expiration date, the current general permit will be administratively continued and remain in force and effect until the general permit is reissued.

c. Any operator granted authorization to discharge under the general permit before the expiration date automatically remains covered by the continued general permit until the earlier of:

i. Reissuance or replacement of the general permit, at which time the operator shall comply with the NOI conditions of the new general permit to maintain authorization to discharge; or

ii. The date the operator has submitted a Notice of Termination; or iii. The date the Director has issued an individual permit for the discharge; or iv. The date the Director has issued a formal permit decision not to reissue the general

permit, at which time the operator shall seek coverage under an alternative general permit or an individual permit, or cease discharge.

3. Need To Halt or Reduce Activity Not a Defense. [A.A.C. R18-9-A905(A)(3)(a), which

incorporates 40 CFR 122.41(c)]

It shall not be a defense for an operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

4. Duty to Mitigate. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(d)]

The operator shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment per A.R.S. § 49-255.01(E)(1)(d).

ADEQ 2013 CGP


5. Proper Operation and Maintenance. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(e)]

The operator shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the operator to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures.

6. Permit Actions. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(f)]

This permit may be modified, revoked and reissued, or terminated for cause. Filing a request by the operator for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

7. Property Rights. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(g)]

This permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, nor any infringement of federal, state, Indian tribe, or local laws or regulations.

8. Duty to Provide Information. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(h)]

The operator shall furnish to ADEQ, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The operator shall also furnish to ADEQ upon request, copies of records required to be kept by this permit.

9. Signatory Requirements. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(k) and (l); A.A.C. R18-9-A905(A)(1)(c), which incorporates 40 CFR 122.22]

All Notices of Intent (NOI) and Notices of Termination (NOT) must be signed as follows:

a. NOIs: i. For a corporation: By a responsible corporate officer. For the purpose of this section, a

responsible corporate officer means: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

ii. For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or

iii. For a municipality, state, federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a federal (or state) agency includes: (1) The chief executive officer (or director) of the agency, or (2) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

b. All NOTs, reports, including SWPPPs, inspection reports, monitoring reports, and other information required by this permit must be signed by a person described in Appendix B, Subsection 9(a) above or by a duly authorized representative of that person. A person is a

ADEQ 2013 CGP


duly authorized representative only if: i. The authorization is made in writing by a person described in Subsection 9(a) above; ii. The authorization specifies either an individual or a position having responsibility for the

overall operation of the regulated facility or activity such as the position of manager, operator, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may be either a named individual or any individual occupying a named position); and

iii. The signed and dated written authorization is included in the SWPPP. A copy must be submitted to ADEQ, upon request.

c. Certification. Any person signing documents under the terms of this permit shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

10. Inspection and Entry. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(i)]

The operator shall allow the Director or an authorized representative upon the presentation of credentials and such other documents as may be required by law to:

a. Enter upon the operator’s premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of this permit;

b. Have access to and copy at reasonable times, any records that must be kept under the conditions of this general permit;

c. Inspect at reasonable times any facility or equipment (including monitoring and control equipment), practices or operations regulated or required under this permit;

d. Sample or monitor at reasonable times any substances or parameters at any location, for the purposes of assuring permit compliance or as otherwise authorized by A.R.S. Title 49, Chapter 2, Article 3.1, and 18 A.A.C. 9, Articles 9.

11. Monitoring and Records. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(j)]

a. Representative Samples/Measurements. Samples and measurements taken for the purpose of monitoring must be representative of the volume and nature of the monitored activity.

b. Retention of Records. The operator shall retain records of all monitoring information, including all calibration and maintenance records, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three (3) years from the date permit coverage ends. Operators shall submit any such records to the Director upon request. The operator shall retain the SWPPP developed in accordance with Part 6 of this permit, for at least three (3) years after the last modification or amendment is made to the plan. The Director may extend this retention period upon request by notifying the operator in writing at any time prior to the end of the standard three year retention period.

c. Records Contents. Records of monitoring information must include:

i. The date, exact place, and time of sampling or measurements; ii. The initials or name(s) of the individual(s) who performed the sampling or measurements; iii. The date(s) analyses were performed;

ADEQ 2013 CGP


iv. The time(s) analyses were initiated; v. The initials or name(s) of the individual(s) who performed the analyses; vi. References and written procedures, when available, for the analytical techniques or

methods used; vii. The analytical techniques or methods used; and viii. The results of such analyses.

d. Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained in this permit is subject to the enforcement actions established under A.R.S. Title 49, Chapter 2, Article 4, which includes the possibility of fines and/or imprisonment.

12. Reporting Requirements. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(l)]

a. Planned changes. The operator shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

i. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR 122.29(b) (incorporated by reference at A.A.C. R18-9-A905(A)(1)(e)); or

ii. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1) (incorporated by reference at A.A.C. R18-9-A905(A)(3)(b)).

b. Monitoring reports. Monitoring results must be reported at the intervals specified elsewhere in this permit.

i. Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms (paper or electronic) provided or specified by ADEQ. Pursuant to Part 8.2(2), all monitoring data collected pursuant to Part 7 must be submitted to the Department using the Discharge Monitoring Report (DMR) form, available at http://www.azdeq.gov/environ/water/permits/cgp.html .

ii. If the operator monitors any pollutant more frequently than required by the permit using test procedures approved under 40 CFR Part 136 unless otherwise specified in 40 CFR Part 503, or as specified in the permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR.

iii. Calculations for all limitations which require averaging of measurements must use an arithmetic mean and non-detected results must be incorporated in calculations as the limit of quantitation for the analysis.

c. Anticipated noncompliance. The operator shall give advance notice to the Director of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.

d. Twenty-four hour reporting.

i. The operator shall report to ADEQ any noncompliance with this permit which may endanger human health or the environment. The operator shall orally notify the office listed below within 24 hours:

Arizona Department of Environmental Quality – Water Quality Compliance 1110 W. Washington Street, Mail Code 5515 B-1 Phoenix, AZ 85007 Office: 602-771 – 2330; Fax 602-771 – 4505

ii. A written submission shall also be provided to the office identified above within five (5) days of the time the operator becomes aware of the circumstances. The written

ADEQ 2013 CGP


submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

iii. The following shall be included as information which must be reported within 24 hours under this paragraph. 1) Any upset which exceeds any effluent limitation in the permit. 2) Violation of a maximum daily discharge limitation for any of the pollutants listed by

the Director in the permit to be reported within 24 hours. (See 40 CFR 122.44(g) which is incorporated by reference at A.A.C. R18-9-A905(A)(3)(d)).

iv. ADEQ may waive the written report on a case-by-case basis for reports under this subsection if the oral report has been received within 24 hours.

e. Other noncompliance. The operator shall report all instances of noncompliance not otherwise required to be reported under this subsection, at the time monitoring reports are submitted. The reports shall contain the information listed in subsection 12(d).

f. Other information. When the operator becomes aware that it failed to submit any relevant facts or submitted incorrect information in the Notice of Intent or in any other report to the Department, the operator shall promptly submit the facts or information to ADEQ at the address listed in Part 8.2.

13. Reopener Clause. [A.A.C. R18-9-A905(A)(3)(d), which incorporates 40 CFR 122.44(c)]

The Department may elect to modify the permit prior to its expiration (rather than waiting for the new permit cycle) to comply with any new statutory or regulatory requirements, such as for effluent limitation guidelines, which may be promulgated in the course of the current permit cycle.

14. Other Environmental Laws.

No condition of this general permit releases the operator from any responsibility or requirements under other environmental statutes or regulations. For example, this permit does not authorize the “taking” of endangered or threatened species as prohibited by Section 9 of the Endangered Species Act, 16 U.S.C. 1538. Information regarding the location of endangered and threatened species and guidance on what activities constitute a “taking” are available from the U.S. Fish and Wildlife Service. The operator shall also comply with applicable State and Federal laws, including Spill Prevention Control and Countermeasures (SPCC).

15. State or Tribal Law. [Pursuant to A.A.C. R18-9-A904(C)]

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the operator from any responsibilities, liabilities, or penalties established pursuant to any applicable State or Tribal law or regulation under authority preserved by Section 510 of the Clean Water Act.

16. Severability.

The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstance, is held invalid, the application of the provision to other circumstances, and the remainder of this general permit shall not be affected.

17. Requiring Coverage under an Individual Permit or an Alternative General Permit. [Pursuant

to A.A.C. R18-9-C902 and R18-9-A909]

a. The Director may require a person authorized by this permit to apply for and/or obtain either an individual AZPDES permit or an alternative AZPDES general permit. Any interested person may petition the Department to take action under this section. The Department may

ADEQ 2013 CGP


require an operator authorized to discharge under this permit to apply for an individual permit in any of the following cases:

i. A change occurs in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source;

ii. Effluent limitation guidelines are promulgated for point sources covered by the general permit;

iii. An Arizona Water Quality Management Plan containing requirements applicable to the point sources is approved;

iv. Circumstances change after the time of the request to be covered so that the discharger is no longer appropriately controlled under the general permit, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary;

v. If the Director determines that the discharge is a significant contributor of pollutants. When making this determination, the Director shall consider: 1) The location of the discharge with respect to waters of the United States, 2) The size of the discharge, 3) The quantity and nature of the pollutants discharged to waters of the U.S., and 4) Any other relevant factor.

b. If an individual permit is required, the Director shall notify the discharger in writing of the decision. The notice shall include:

i. A brief statement of the reasons for the decision; ii. An application form; iii. A statement setting a deadline to file the application; iv. A statement that on the effective date of issuance or denial of the individual permit,

coverage under the general permit will automatically terminate; v. The applicant’s right to appeal the individual permit requirement with the Water Quality

Appeals Board under A.R.S. § 49-323, the number of days the applicant has to file a protest challenging the individual permit requirement, and the name and telephone number of the Department contact person who can answer questions regarding the appeals process; and

vi. The applicant’s right to request an informal settlement conference under A.R.S. 41-1092.03(A) and 41-1092.06.

c. The discharger shall apply for an individual permit within 90 days of receipt of the notice, unless the Director grants a later date. In no case shall the deadline be more than 180 days after the date of the notice.

d. If the discharger fails to submit the individual permit application within the time period established in Appendix B, Subsection 17(c) the applicability of the general permit to the discharger is automatically terminated at the end of the day specified by the Director for application submittal.

e. Coverage under the general permit shall continue until an individual permit is issued or denied unless the general permit coverage is terminated under Appendix B, Subsection 17(d).

18. Request for an Individual Permit. [Pursuant to A.A.C. R18-9-C902]

a. An operator may request an exclusion from coverage of a general permit by applying for an individual permit.

i. The operator shall submit an individual permit application under R18-9-B901(B) and include the reasons supporting the request no later than 90 days after publication of the general permit.

ADEQ 2013 CGP


ii. The Director shall grant the request if the reasons cited by the operator are adequate to support the request.

b. If an individual permit is issued to a person otherwise subject to a general permit, the applicability of the general permit to the discharge is automatically terminated on the effective date of the individual permit.

19. Change of Operator. [A.A.C. R18-9-C904]

If a change of ownership or operator occurs for a facility operating under a general permit:

a. Permitted owner or operator. The operator shall provide the Department with a Notice of Termination by certified mail within 30 days after the new owner or operator assumes responsibility for the facility.

i. The Notice of Termination shall include all requirements for termination specified in the general permit for which the Notice of Termination is submitted.

ii. An operator shall comply with the permit conditions specified in the general permit for which the Notice of Termination is submitted until the Notice of Termination is received by the Department.

b. New owner or operator.

i. The new owner or operator shall complete and file a Notice of Intent with the Department within the time period specified in the general permit before taking over operational control of, or initiation of activities at, the facility.

ii. If the previous operator was required to implement a stormwater pollution prevention plan, the new owner shall develop a new stormwater pollution prevention plan, or may modify, certify, and implement the old stormwater pollution prevention plan if the old stormwater pollution prevention plan complies with the requirements of the current general permit.

iii. The operator shall provide the Department with a Notice of Termination if a permitted facility ceases operation, ceases to discharge, or changes operator status. In the case of a construction site, the operator shall submit a Notice of Termination to the Department when:

1) The facility ceases construction operations and the discharge is no longer associated with construction or construction-related activities,

2) The construction is complete and final site stabilization is achieved, or

3) The operator's status changes.

20. Bypass. [A.A.C. R18-9-A905(A)(3)(a), which incorporates 40 CFR 122.41(m)] a. Definitions.

i. Bypass means the intentional diversion of waste streams from any portion of a treatment facility

ii. Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

b. Bypass not exceeding limitations. The operator may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions Appendix B, Subsections 20(c) and 20(d).

ADEQ 2013 CGP


c. Notice. i. Anticipated bypass. If the operator knows in advance of the need for a bypass, if possible

prior notice shall be submitted at least ten days before the date of the bypass. ii. Unanticipated bypass. The operator shall submit notice of an unanticipated bypass as

required in Appendix B, Subsection 12(d).

d. Prohibition of bypass. i. Bypass is prohibited, and ADEQ may take enforcement action against the operator for

bypass, unless: 1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property

damage; 2) There were no feasible alternatives to the bypass, such as the use of auxiliary

treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

3) The operator submitted notices as required under Appendix B, Subsection 20(c).

ii. ADEQ may approve an anticipated bypass, after considering its adverse effects, if the Department determines that it will meet the three conditions listed above in this Appendix B, Subsection 20(d).

21. Upset. [A.R.S. §§ 49-255(8) and 255.01(E), A.A.C. R18-9-A905(A)(3)(a), which incorporates 40

CFR 122.41(n)]

a. Definition. Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the operator. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of Appendix B, Subsection 21(c) are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.

c. Conditions necessary for a demonstration of upset. An operator who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: i. An upset occurred and that the operator can identify the cause(s) of the upset; ii. The permitted facility was at the time being properly operated; iii. The operator submitted notice of the upset as required in Appendix B, Subsection

12(d)(iii); and iv. The operator complied with any remedial measures required under Appendix B,

Subsection 4.

d. Burden of proof. In any enforcement proceeding, the operator, who is seeking to establish the occurrence of an upset, has the burden of proof.

22. Penalties for Violations of Permit Conditions.

Any permit noncompliance constitutes a violation and is grounds for an enforcement action, permit termination, revocation and reissuance, modification, or denial of a permit renewal

ADEQ 2013 CGP


application.

a. Civil Penalties. A.R.S. § 49-262 provides that any person who violates any provision of A.R.S. Title 49, Chapter 2, Article 2, 3 or 3.1 or a rule, permit, discharge limitation or order issued or adopted under A.R.S. Title 49, Chapter 2, Article 3.1 is subject to a civil penalty not to exceed $25,000 per day per violation.

b. Criminal Penalties. Any person who violates a condition of this general permit, or violates a provision under A.R.S. Title 49, Chapter 2, Article 3.1, or A.A.C. Title 18, Chapter 2, Article 9 is subject to the enforcement actions established under A.R.S. Title 49, Chapter 2, Article 4, which may include the possibility of fines and/or imprisonment.

cgp master permit - azdeq.govstatic.azdeq.gov/permits/azpdes/cgp_masterpermit.pdf · adeq 2013 cgp...

Documents